March 21, 2025
10 mins

What is the difference between the symbol "R"​ and "TM"​?

The relevance of the Trademark in the United Arab Emirates is to protect your company's logo and its identity as per Federal Law No. 37 of 1992. Definition of Trademark furnishes legal protection for a symbol, logo, phrase, word, design, or name that represents goods or products. Therefore if your company is in the business of selling multiple commodities then you would require a trademark to use as its mark in order to represent the business. Whereas the definition of Servicemark offers protection for services.

It is a very common dilemma that we usually face is what is the difference between the symbol "R" and "TM"? These are two vital elements of the Trademark. The symbol "TM" on a logo identifies that a trademark application has been filed for that particular logo but it has not been fully registered. However, an "R" symbol simply denotes that the logo had been officially been registered as a trademark. The statutory implication of the symbol "TM" and "R" is not explicitly regulated under the UAE laws but in accordance with Article 17 Trademark law grants trademark owners a higher level of protection of their rights when the trademark is registered "R" and the owner has used the mark for continuously for no less than five years from the date of registration. However, if a registered trademark is not in used by the owner for a continuous period of 5 years, then users of the unregistered trademark can use its trademark similar to the registered one since the latter will automatically be canceled.

It is interpreted from the above that statutory implication of the registered trademark "R" is stronger than unregistered trademark "TM" for at least a period of five (5) years if it is maintained. It is important to register a Trademark in order to avoid the deterrent act of infringement.