Trademarks are a valuable and most popular asset as well as registration in India. However, there is also a lot of confusion relating to Trademarks. To address the most frequently asked questions regarding Trademark Registration, keep reading this article. In this article, we will discuss the difference between trademark and service mark. We will also discuss the other important queries concerning the Register trademark in India.
What is a Trademark?
A trademark is a design that is used to distinguish a commercial product. A trademark is any term, name, logo, design, or combination of words, names, symbols, or devices that intends to identify and differentiate one business’s products from those of another. A trademark is, in a nutshell, a brand name.
Trademarks and trademark registration can comprise numerics, images, photos, three-dimensional features like product kind and packaging, and non-visible signals like tones, smells, or colors.
What is a Trademark Symbol?
A trademark symbol is a symbol that indicates the presence of a trademark next to it. Trademark symbols are visual cues that indicate the preceding name, logo, phrase, or design is a trademark.
A TM mark can be used by any firm or individual to indicate that a certain word, expression, or symbol will be used to identify the source of products or services. To put it another way, a TM is a sign that may only be used when a trademark registration application has been submitted to the authorized trademark registrar. As a result, it simply means that someone claims to be the proprietor of the trademark.
What is a Service Mark?
A service mark is a form of a device similar to a trademark, except it distinguishes one company’s services from those of another. Mostly, Service Marks include slogans. Thus, in simple words Service Marks are the type of trademark. However, these are used only for distinguishing services falling under class 35 to 42 only.
A complete list of Trademark Classes can help you understand clearly where to use Trademark or service marks.
What is the difference between trademark and service mark? (™ VS SM)
The TM and SM symbols appear next to trademarks and service marks to indicate that the owner has begun the registration procedure. A trademark or service mark that has been registered is shown by the “R-in-a-circle” symbol.
However, the major difference between trademark and service mark is as follows.
- The SM Trademark Symbol denotes a service trademark such as gardening, coaching, or legal services. The TM Trademark Symbol, on the other hand, denotes a trademark for commodities such as mobile apps, phones, bread, and hammers.
- The letters TM and SM are commonly linked with goods and services, respectively.
- The Indian Trademarks Act, Section 7, contains specific information on the categorization of products and services. The act’s fourth schedule deals only with goods and services that fall under the purview of several classes. So, Goods are categorized from 1 to 34, and services are categorized from 35 to 42. Goods Class Trademark Registration and Service Class Registration use ™ and SM differently.
- When a registered proprietor or user submits a trademark application for products, he marks his trademark with the symbol ™. However, when a trademark application for services is submitted, the logo SM is used.
- The symbols TM and SM assist distinguish service providers’ businesses from those of manufacturers, merchants, and dealers.
How many Trademark symbols are there?
There are a total of three trademark symbols.
You can learn the difference between Trademark and Trademark Registered symbol at – Difference between Trademark ™ and Registered Trademark symbol®
What are the Examples of Service Marks “SM”?
- AMERICAN EXPRESS
- UNITED AIRLINES
What are the Examples of Trademarks “TM”
Is it permissible to use the Trademark sign (TM)?
The TM symbol can be used by anybody who holds a trademark. A trademark owner may use the TM symbol after applying for Trademark Registration Online.
How do I get Trademark Registration?
Trademark Registration Online is the easiest and most convenient way. You have to follow the steps mentioned below to get Trademark Registration in India.
- Upload the required documents & information to our web portal.
- Choose Package and Pay online with different payment modes available.
- We will preliminary check the uniqueness of trademark design, logo, shape.
- Then our team of experts will prepare trademark applications & obtain applicant signatures on relevant documents.
- Submit trademark registration online application before the IPR department.
- After successful verification from the IPR Department, we will send you your trademark registration certificate and you can start availing yourself of the benefits of trademark registration.
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