1. Different legal meanings
TM trademark is a trademark logo, which is used to identify that a trademark has not been registered or that an application for registration has been filed in a certain country or region. It means that the owner of the trademark has the right to use it, but it has not been audited and certified by the official registration agency. The R trademark, that is, the mark of "registered trademark", means that the trademark has been approved and registered in the Trademark Office, and the exclusive right to use the trademark has been obtained, and the "registered trademark" or registration mark can be marked on the goods, packages, instructions or other attachments.
second, the registration procedures are different
TM trademarks do not need to submit registration applications to official registration agencies, so the registration procedures are relatively simple, and only the trademark owners need to design and put them into use. However, the registration procedure of R trademark is relatively complicated, which requires strict examination by the Trademark Office, including formal examination and substantive examination. Only when the trademark meets the registration conditions, the Trademark Office will approve the registration.
third, the protection of rights is different
because TM trademark has not been officially registered, its protection of rights is relatively weak. If there is a trademark dispute, the trademark owner needs to bear the burden of proof to prove that he used the trademark earlier than the other party and has certain influence. The R trademark enjoys the exclusive right stipulated in the Trademark Law and is protected by law. When the trademark is infringed, the trademark owner can directly pursue the legal responsibility of the other party according to the Trademark Law.
iv. different scope of use
TM trademark has relatively flexible scope of use and can be used in various occasions such as goods, services and advertisements, but attention should be paid to avoid conflicts with registered trademarks. However, the scope of use of the R trademark is strictly restricted by law and can only be used on the goods or services approved for registration. Beyond this scope, it may constitute trademark infringement.
To sum up:
There are obvious differences between p>TM trademark and R trademark in legal meaning, registration procedures, rights protection and scope of use. For trademark owners, the choice of trademark marks should be weighed according to their own needs and actual conditions. If you need stronger legal protection and a clearer scope of use, you can choose to apply for the R trademark; If you pay more attention to flexibility and cost-effectiveness, you can choose to use TM trademark.
Legal basis:
Article 3 of the Trademark Law of the People's Republic of China
stipulates:
Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law.
Article 57 of the Trademark Law of the People's Republic of China
stipulates:
Any of the following acts is an infringement of the exclusive right to use a registered trademark:
(1) Using a trademark identical to its registered trademark on the same commodity without the permission of the trademark registrant;
(2) without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same commodity, or using a trademark identical to or similar to its registered trademark on similar commodities may easily lead to confusion;