A mark as defined under the provision of Section 2 (1) (m) means a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof.
Trademark as defined under the provision of Section 2 (1) (zb)-Trademark (symbolizing a mark in trade) means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colors. Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.
TM is used to indicate that the trademark is unregistered but this mark is used for promoting goods whereas ® is used to represent a registered trademark/ service mark that provides the applicant complete ownership and legal rights over the trademark/ service mark. The registration of a trademark is valid for a period of 10 years. It can be renewed every 10 years, perpetually.