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Differences between TM, R, and SM marks and how to use them effectively

Trademarks are an important element that can be said to be the face of a business. However, few people may have an accurate understanding of the meaning and usage of different trademark marks such as TM, R, and SM. This article provides an easy-to-understand explanation of the unique role and legal background of each mark, and provides knowledge for effective brand management.

About this article

This article explains the basic meaning and usage of the trademark marks TM, R, and SM. The TM mark indicates a trademark and the R mark indicates a registered trademark. On the other hand, the SM mark is used for service-related trademarks. Each mark has a specific role, and the proper use of trademark marks protects and enhances the value of your brand. If you understand the role of these trademark marks correctly, you will be able to utilize them in your company's trademark strategy.

Differences and usage of TM, R, and SM marks

Types of trademark marks

1. Overview of TM mark

The TM mark is an abbreviation for "Trademark" and indicates that it is a trademark. This is a mark used for products and services, and can be used even if it is not registered as a trademark. The TM mark is widely recognized as a common way to indicate the use of a trademark.

2. Meaning of R mark

The R mark (®) stands for "Registered Trademark" and indicates a registered trademark. This mark can only be used if the trademark is registered with the Patent Office.

3. Overview of SM Mark

The SM mark (℠) is an abbreviation for "Service Mark" and refers to a service-related trademark. While the TM mark can be used for both goods and services, the SM mark can only be used for services.

Like the TM mark, the SM mark can also be used regardless of whether it is registered or not.

4. International use of trademark marks

Trademark marks have different meanings in different countries. In the United States, the R mark is widely recognized and its use is stipulated under the U.S. Trademark Law, while in Japan, under the Trademark Law, it is preferable to use the word "registered trademark". It is important to understand the different uses of these marks in different countries.

How to use each trademark mark

1. Situations in which the TM mark is used

The TM mark indicates that it is a trademark, regardless of whether it is registered or unregistered. It is also used when you are considering registration or are in the process of applying for trademark registration, but it has not yet been registered. Although the TM mark does not have the legal power to protect a trademark, it is an effective means of indicating that it is a trademark.

2. Legal requirements for the R mark

The R mark can only be used after the trademark has been registered with the Patent Office. Use this mark to publicly indicate that the trademark is registered. On the other hand, if the R mark is used without being registered with the Japan Patent Office, it will be considered a false indication and will be punished under the Trademark Law.

3. Specific conditions for SM mark

The SM mark is primarily used for service marks, i.e. service-related trademarks. Similar to the TM mark, this mark can be used regardless of whether it is registered, such as when applying for trademark registration or considering trademark registration but not yet registered. Used to identify unique services.

Choosing the right trademark mark

1. Selecting a mark according to the type of trademark

Trademark marks are selected based on trademark type and registration status. The R mark can be used for registered trademarks. The TM mark is suitable for general trademarks that have not been registered, and the SM mark is suitable for service-related trademarks that have not been registered.

2. The role of marks in trademark law

In trademark law, each mark plays an important role in indicating the legal status of a trademark. The R mark indicates that the trademark is registered and has legal protection. On the other hand, TM and SM marks indicate that a specific product or service is a unique trademark, but they can be used regardless of whether they are registered as trademarks and have no legal meaning.

3. Precautions when using trademark marks

When using trademark marks, it is important to choose the correct trademark mark and understand and adhere to its proper usage. Especially for the R mark, it is essential that the trademark is officially registered. The use of TM and SM marks is more flexible, as they can be applied where the trademark is not yet registered or where an application for registration is pending.

In this article, we have explained the basic meaning and usage of the TM, R, and SM marks, as well as the role of each trademark mark in trademark law. Understanding and using trademark marks correctly is an important element in a company's brand strategy. Use the information in this article to more effectively develop your trademark strategy.

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