Any person who claims to be the proprietor of a mark used or proposed to be used by that person can file an application for registration of that mark. The application may be made in the name of an individual, a company, partner of a firm, a trust, any government department or even in name of joint applicants. Domestic and international applicants are treated at par. An application can also be filed on behalf of a company that is about to be incorporated or is already registered under the Indian Companies Act.
A trademark may be designated by the following symbols –
™: This is the standard trademark symbol with the letters “TM”, which is used to denote an unregistered trademark. It is simply used to promote or brand goods.
®: This is the registered trademark symbol with the alphabet “R” surrounded by a circle, which is used to denote a registered trademark. It is used for any phrase, logo, symbol, etc.