™ vs ®: when you can use each trademark symbol
The ™ symbol can be used for any mark you claim, registered or not. The ® symbol may only be used once a trademark is registered; misuse is an offence.
Short answer
The ™ symbol signals that a business claims a word, logo or slogan as its trademark, registered or not. The ® symbol indicates that the mark is registered with the Trade Marks Registry. In India, using ® for an unregistered mark is falsely representing it as registered, an offence under section 107 of the Trade Marks Act, 1999.
- ™
- Any claimed mark, registered or not
- ®
- Registered marks only
- Misuse of ®
- Offence under section 107, Trade Marks Act
- Penalty
- Up to 3 years' imprisonment, or fine, or both
When to use each symbol
Use ™ from the time you start using a brand, including while your trademark application is pending. Switch to ® only after the mark is registered and the certificate issued, and only for the goods or services covered by the registration. If a mark is registered in India but not in another country, avoid using ® on goods sold in that country.
Legal effect
Neither symbol is compulsory in India, and protection does not depend on using one. But ™ puts others on notice of your claim and can help in passing off actions, while ® helps show that infringers were aware of your registration. Falsely representing a mark as registered, including using ® or words like registered trademark for an unregistered mark, can lead to imprisonment for up to three years, a fine, or both, under section 107.
- Pending application: use ™
- Registered for the product: use ®
- Registered in other classes only: use ™ for unregistered goods
- Lapsed registration: stop using ®
Why it matters for startups
Startups sometimes print ® on packaging or websites as soon as they file an application, which is a legal risk and an easy point for a competitor to exploit. Update your brand guidelines so the symbol matches registration status by class and country, and renew registrations on time so the ® remains accurate.
Related services
Sources
- Office of the Controller General of Patents, Designs and Trade Marks
- India Code: official repository of central Acts
Written by the Refogo Editorial Team from the official sources above and checked on 2026-10-31. Laws, rates and due dates change, and authorities often extend deadlines, so confirm your own case with a qualified professional. This is general information, not legal or tax advice. Read our editorial policy or report an error to support@refogo.com.
Common questions
Can I use ® after filing a trademark application?
No. ® can be used only after registration. Use ™ while the application is pending.
Is it mandatory to use ™ or ®?
No. Neither symbol is mandatory, but using them correctly signals your claim and can help in enforcement.
What is the SM symbol?
SM is sometimes used for service marks in other countries. In India, ™ is commonly used for both goods and services.