This is one of the most common queries we get from our clients and it is probably a question which has caused a lot confusion for start-ups, especially in the pharmaceutical industries in Pakistan.Basically, a company can only use the circled ® symbol in conjunction with the products and brands owned by itself, given that it has legally/officially registered a trademark with the regional Patent and Trademark Office.
On the other hand, if a company has trademarks which it has not bothered to officially register, the Use of TM (™) allows it to show that it claims ownership of the mark.A company can continue simply using the “TM” symbol in conjunction with its brands instead of officially registering a trademark and using the ® circle symbol.
You might think that this makes official trademark registration essentially useless but please be advised that if you wish to run a successful business, Trademark Registration carries certain legal benefits, particularly now that the Cyber world has made trademark infringement so much easier.You can read more about these benefits here.
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Is it important to trademark Logo before incorporation or should it be done after the company or firm is incorporated?
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