Whether it is correct to use registered trademark ® symbol without registration?
Trademark registration involves several stages from application to publication before it is finally registered (see our earlier post on stages involved). It takes upwards of 12 to 18 months for a trademark to attain registration in India, provided that there is no objection or opposition. Symbols such as TM and ® are used by trademark owner to caution general public that the mark is a registered trademark. There is no legal impediment to use TM symbol while a trademark application is pending, but to use a ® symbol one must have a valid registration. There is common misconception among significant number of population that it is okay to use ® symbol without a valid registration. Trademark applicants tend to use...