TM vs ® Symbol: What’s the Difference and When to Use Each in India

At a Glance: The ™ (TM) symbol can be used immediately after filing a trademark application in India. The ® symbol can only be used after the Trademark Registry issues your Registration Certificate. Using ® before registration is a criminal offence under the Trade Marks Act 1999.

Official Reference: The rules governing trademark symbols in India are set out under the Trade Marks Act 1999, administered by IP India — CGPDTM (ipindia.gov.in). Section 107 of the Act specifically addresses false representations regarding trademark registration.

Walk into any Indian market and you’ll see brand names followed by ™, ®, or sometimes ©. Most business owners use these symbols without fully understanding what they mean legally — and this confusion can lead to serious consequences. Using the wrong symbol at the wrong time is not just a branding error. In India, it can constitute a criminal offence.

This guide explains exactly what each symbol means, when you are legally permitted to use it, and what happens if you misuse the ® symbol. If you’re still deciding whether to register your trademark, start with our introduction: What Is a Trademark? A Complete Guide for Indian Businesses.

The Three IP Symbols — Overview

TM Symbol (Trademark)

• Available to use immediately after filing
• No government registration required
• Signals that you claim trademark rights
• Provides no legal protection by itself
• Can be used even for unregistered marks

Symbol (Registered)

• Only after receiving Registration Certificate
• Requires completed government registration
• Signals full legal protection under the Act
• Legally enforceable against infringers
• Misuse is a criminal offence under Section 107

There is also the © (Copyright) symbol, which is entirely different — it applies to original creative works (books, music, art, software) and arises automatically on creation without any registration. Copyright and trademark are separate rights. To understand how they differ, see: Trademark vs Copyright vs Patent in India — Which Protection Do You Need?

The ™ Symbol in India

The ™ symbol stands for “Trademark.” In India, there is no legal requirement to register a trademark before using the ™ symbol. You can place ™ next to your brand name or logo as soon as you:

• Have filed a trademark application with IP India (recommended), or
• Are actively using the mark in commerce and claiming common-law trademark rights

Using ™ communicates to the market that you consider this mark your proprietary brand identifier and that you intend to protect it. However, ™ alone provides no legal protection — it is simply a notice of claim.

Best Practice: Use ™ immediately after filing your application with IP India. This puts the market on notice while your registration is pending. Once you receive your Registration Certificate, switch to ®. See the stages: Trademark Application Process in India

The ® Symbol in India

The ® symbol stands for “Registered Trademark.” Under Indian trademark law, you may only use ® after the Trademark Registry has issued a formal Certificate of Registration for your mark. The key conditions are:

• Your mark must be on the Register of Trade Marks maintained by CGPDTM
• The registration must be in force (not expired or removed)
• You must use ® only in connection with the goods/services covered by your registration
• You must use it only in the class(es) in which your mark is registered — see our guide to trademark classes in India

TM vs ® — Side-by-Side Comparison

The Legal Consequences of Misusing ®

Section 107 of the Trade Marks Act 1999 makes it a criminal offence to represent your mark as registered when it is not. Specifically, it is unlawful to:

• Use the ® symbol on an unregistered mark
• Use ® on goods or services not covered by your registration
• Use ® after your trademark registration has expired without renewal
• Use ® after your trademark has been removed from the Register

Penalty under Section 107: Any person who falsely represents a trademark as registered is punishable with imprisonment of up to 3 years, or a fine, or both. This applies to business owners, directors, and individuals.

Common situations where misuse occurs unknowingly:

• Using ® while the application is still pending (even if pending for years)
• Forgetting to renew the trademark but continuing to use ® after expiry
• Using ® for goods in a class not covered by the registration
• A new brand manager or designer adding ® to marketing material without checking registration status

To avoid the last scenario, always maintain a trademark register internally and set renewal reminders. For renewal details, see: Trademark Renewal in India — When and How to Renew.

When to Switch from ™ to ®

The transition from ™ to ® should happen on the day you receive your Registration Certificate from IP India. Do not wait — but also do not switch earlier. Here is a practical checklist:

• ☐ Download and save your Registration Certificate from the IP India portal
• ☐ Note the registration number, date, and class on the certificate
• ☐ Update all marketing materials, packaging, and digital assets to ®
• ☐ Brief your design team: the ® symbol must only appear alongside the exact registered mark
• ☐ Set a reminder 6 months before the 10-year renewal date

What About the “SM” Symbol?

In some countries (notably the USA), there is also an SM (Service Mark) symbol, used for service-based trademarks rather than goods. In India, there is no legal distinction between a trademark and a service mark — both are registered as trademarks under the same Act. The SM symbol has no legal standing in India and is not used in Indian practice.

Ready to Move from ™ to ®?

The fastest way to legally use ® is to file your trademark application as soon as possible. The process starts with a search to confirm your mark is available. See our complete guide: Trademark Search in India — How to Check Brand Name Availability. When you’re ready to file, read: How to Register a Trademark in India: Step-by-Step Process.

Frequently Asked Questions

Can I use ™ before my trademark application is filed?

Yes. There is no legal restriction on using ™ in India even before filing. However, it carries minimal legal weight. Filing a trademark application before using ™ is strongly recommended, as it establishes a priority date for your rights. Once filed, using ™ is both common and advisable while your registration is pending.

My trademark application has been pending for 2 years — can I use ®?

No. No matter how long your application has been pending, you cannot use ® until you receive the formal Certificate of Registration from IP India. A pending application — regardless of its age — does not entitle you to the ® symbol. Continue using ™ until the certificate is in hand.

What happens if I forget to renew and continue using ®?

Using ® on an expired trademark constitutes a false representation under Section 107 of the Trade Marks Act 1999. You should immediately switch back to ™ if your registration has lapsed. You can apply for renewal (with a surcharge) within 6 months of expiry. After that, the mark is removed from the Register; restoration may still be possible within one year of expiry, otherwise you would need to file afresh.

Can I use ® for a trademark registered in another country?

No. A trademark registered in another country does not grant you the right to use ® in India. You must have a separate Indian registration to use ® in India. Using ® in India based only on a foreign registration can be treated as a false representation under Section 107 (the Act makes a limited exception for goods being exported to the country where the mark is registered). If you want protection in India, you must file either directly with IP India or through the Madrid Protocol.

Where exactly should I place the ™ or ® symbol?

The symbol is typically placed as a superscript immediately to the upper-right of the trademark. For example: BRAND® or BRAND™. In some design contexts it may appear at the lower-right. The key is that the symbol must appear adjacent to the mark — not separately or in a different location on the packaging or advertisement.

Can I use ® after filing the application?

No. You can use ® only after the mark is registered. While the application is pending, use ™.

Is it compulsory to use ™ or ®?

No. Using the symbols is optional, but it is a good practice that warns others and supports your claims.

My mark is registered in Class 25. Can I use ® on my bags?

Only if the mark is also registered for bags (Class 18). Otherwise, use ™ for the bags.

Is ® valid outside India?

Only in countries where your mark is registered. For international use, consider an international filing through the Madrid Protocol.

Official sources

• IP India — Controller General of Patents, Designs & Trade Marks
• India Code — Trade Marks Act, 1999 and other central Acts

This article is for general information only and is not legal or tax advice. Rules and fees change; check the latest position or talk to our team before acting.