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   The difference between “TM’ and “®”
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   Author  Topic: The difference between “TM’ and “®”  (Read 9839 times)
bandcnlawyer
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The difference between “TM’ and “®”
« on: Nov 19th, 2007, 9:01pm »
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Source: LIAONING BANDCN LAW FIRM  
 written by :  Fangfang Wang
The sign of “TM” or “®”(hereinafter “R”) can ofen be seen on the left of the trademark, but the legal  
 
meaning of two signs are different.
 
 
 
The letter “TM” is the abbreviation of trademark, while the letter “R” is the abbreviation of register.  
 
The sign “TM” is just want to tell people that the letter or picture with “TM” is trademark of the product,  
 
different from other letters or pictures of the product.
 
 
 
While “R” is to tell people, not only that the letter or picture with “TM” is trademark of the product, different  
 
from other letters or pictures of the product, but also that the letter or picuture with “R” has been  
 
approved and registered in State Trademark Office, that is to say, the owner of the trademark has the  
 
exclusive right to use this trademark.
 
 
 
The sign”TM” comes from the United States. In the United States, people are allowed to use “TM” to  
 
distinguish the letters or pictures of the product as their trademark. However, in China, there are no  
 
regulations or laws to define the meaning of the sign of “TM”. With the growing importing products, the  
 
meaning of “TM” , to distinuish the trademark, has been known by businessmen, and some domestic  
 
companies has tried to use it.
 
 
 
But “R” are explicitly regulated in the Trademark Law in China, according to the law, only the trademark  
 
which has been approve and registered in the State Trademark Office can be marked with “R”.
 
In a word, in China, all the trademarks including registered or non-registered can be marked with TM, but  
 
only the trademark registered in the State Trademark Office can be marked with R. Only the owner of  
 
trademark with “R” is entitled to execute the exclusive right to use this trademark, that's to say, any  
 
person using the registered trademark without consent from the owner of trademark with “R” can be sued  
 
over infringement.
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