What is the Trademark TM Mark? Trademark TM Mark Evaluation

What is the Trademark TM Mark? Trademark TM Mark Evaluation
TM is the abbreviation of trademark in English. The law does not stipulate the use of TM mark. The use of "TM" mark has no corresponding relationship with whether the trademark is applied for registration, whether it is accepted, whether it is preliminarily approved, whether it is opposed, and whether it is approved for registration.


TM logo

Legal effect

According to Article 63 of the Regulations for the Implementation of the Trademark Law: When using a registered trademark, you may indicate "Registered Trademark" or the registration mark on the goods, packaging, instructions or other attachments. The registration mark includes and. When using a registered mark, it should be marked in the upper right corner or lower right corner of the trademark.

The above laws and regulations only apply to authorized trademarks, not TM trademarks. In layman's terms, "TM trademarks" are "black accounts" that are not recognized by the government or the law, so "TM trademarks" have no legal effect at all.

type

TM marks can be names, raw materials, instructions, advertising terms, and of course, they are more likely to be trademarks.

use

The law does not stipulate any adverse legal consequences for using this logo, but in practice it may have potential benefits, so it is generally used directly.

However, due to the fact that my country implements the registration principle for trademarks, Chinese companies currently generally use "TM" on trademarks that are being applied for but not approved. "TM" serves as a warning.

The difference between the R mark and the TM mark

1. Different legal meanings. The TM trademark does not have legal protection. When applying for a registered trademark, it enjoys the right of prior use. The R trademark has the legal meaning of trademark protection, and the trademark user has exclusive rights.

2. Different use time: Before a trademark becomes a registered trademark, it is marked with the "TM" mark. When a trademark becomes a registered trademark, it can be marked with the "r" or "注" registration mark in the upper right corner or lower right corner, or directly marked as a "registered trademark".

3. The use value is different. The registration period is long and it takes a long time to apply and review. After obtaining the registered trademark certificate, the trademark user enjoys the exclusive right. The enterprise establishes the brand and promotes the enterprise through the trademark. The value of the R trademark is greater than that of the TM trademark.


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