TM Symbol (™) vs R Symbol (®) — Key Differences Explained
The ™ symbol can be used as soon as you file a trademark application in India — even while it is pending. The ® (Registered) symbol can only be used after IP India officially grants your trademark registration. Using ® before getting your registration certificate is illegal under the Trade Marks Act, 1999.
Two symbols, two very different legal statuses. Many Indian businesses mistakenly use ® from day one — not knowing it is a criminal offence under Section 107 of the Trade Marks Act. Here's a clear breakdown of when each symbol applies, what it means, and what can go wrong if you misuse them.
Understanding Each Term
What is ™ (Trademark Symbol)?
The ™ symbol indicates that you claim trademark rights over a name, logo, or slogan. In India, you may start using ™ the moment you submit your application to IP India — even before it is examined or approved.
- CoversPending trademark applications (not yet registered)
- AuthorityNo specific authority needed — self-declared
- ValidityFrom date of application until registration (or rejection)
- CostNo extra cost — included in your filing
- TimeImmediate — use it the day you file
What is ® (Registered Symbol)?
The ® symbol certifies that a trademark is officially registered with IP India. It can only be used after receiving your Trademark Registration Certificate. Misusing ® before registration is a punishable offence under Section 107 of the Trade Marks Act, 1999.
- CoversFully registered trademarks only
- AuthorityIP India — requires registration certificate
- ValidityFrom date of registration, renewed every 10 years
- CostIncluded in your trademark registration
- Time18–36 months after filing (examination and publication period)
TM Symbol (™) vs R Symbol (®) — Key Differences at a Glance
| Aspect | ™ (Trademark Symbol) | ® (Registered Symbol) |
|---|---|---|
| Full form | Trademark (claimed) | Registered Trademark |
| When to use | From date of filing application | Only after registration certificate is issued |
| Legal status | Application pending | Fully registered |
| Legal enforceability | Limited — application only | Full — can sue for infringement |
| Misuse penalty | No specific penalty | Criminal offence under Section 107 |
| Used in countries | India, USA, UK and most countries | India, USA, UK and most countries |
Which Symbol Should You Use Right Now?
The answer depends entirely on where your trademark application stands.
The rule is simple: file your trademark application → use ™ immediately. Wait for registration → switch to ®. Most businesses use ™ for 2–3 years while their application is being processed. The key is to file early so you establish your priority date and can legitimately use ™ right away.
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Frequently Asked Questions — TM Symbol (™) vs R Symbol (®)
Technically, there is no law that prohibits using ™ without filing. However, it is misleading and provides no legal protection. More importantly, you cannot enforce trademark rights without a registered mark. Always file an application before using ™ — it only costs ₹1,499 and gives you a priority date.
Under Section 107 of the Trade Marks Act, 1999, using ® on an unregistered trademark is a criminal offence. The penalty is a fine up to ₹2 lakh, imprisonment up to 3 years, or both. This is treated as a false representation of trademark registration.
The ℠ symbol is used in the USA for unregistered service marks. India does not have a separate service mark system — trademarks cover both goods and services under the Trade Marks Act, 1999. Indian businesses use ™ for both product brands and service brands.
Typically 18–36 months after filing. The process involves examination by the Trademark Registry, a 4-month publication period in the Trade Marks Journal, and issuance of the registration certificate if no opposition is filed. Straightforward applications without objections complete faster.
No. A US trademark registration only entitles you to use ® in the USA. To legally use ® in India, you need a valid Indian trademark registration from IP India. You would need to file a separate application in India or use the Madrid Protocol for international registration.
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