Last updated: 25 September 2026 · 8 min read
™ tells the world you are claiming a mark as your brand, whether or not it is registered. ® tells the world the mark is officially registered with the Trade Marks Registry. You can use ™ freely on marks you use as brand identifiers. You should only use ® after registration is granted, and only for the goods or services the registration covers. Falsely representing a mark as registered is an offence under the Trade Marks Act, 1999.
| ™ (Trademark) | ® (Registered) | |
|---|---|---|
| What it signals | "We claim this as our brand" | "This mark is registered" |
| Registration required? | No | Yes, registration must be granted |
| Can be used while application is pending? | Yes | No |
| Legal protection behind it | Common-law rights through use (enforced via passing off), if you have built up goodwill | Statutory rights under the Trade Marks Act, 1999, enforceable through infringement actions across India |
| Risk of misuse | Low, as long as you genuinely use the mark as a brand | Using it on an unregistered mark can be an offence |
| Scope | Wherever you use the mark as a brand | Only for the goods or services covered by the registration |
You may also see ℠ (SM, for "service mark") on some brands, particularly in other countries. In India, the Trade Marks Act covers both goods and services under the term "trademark", so ™ is the symbol commonly used for both.
The ™ symbol is an informal notice. It says: "we are using this word, logo or slogan as a brand identifier, and we consider it ours." It does not require any filing, approval or fee.
Using ™ puts competitors and the public on notice that you are claiming the mark. That can be a useful deterrent, and it creates a record of how you have been presenting your brand. It can also support evidence of use if you ever need to prove when you started trading under the mark.
What it does not do is create legal rights by itself. Rights in an unregistered mark come from actual use and the goodwill you build, not from the symbol. And it does not give you the stronger, nationwide statutory protection that registration provides. If someone copies an unregistered mark, your main option is usually a passing off action, which requires you to prove your reputation, misrepresentation by the other party, and damage. That is typically harder and more evidence-intensive than an infringement action based on a registration.
The ® symbol is a formal notice that the mark is registered under the Trade Marks Act, 1999. It is not decoration. It is a statement of legal fact, and the law treats it that way.
The Trade Marks Act, 1999 treats falsely representing a trademark as registered as an offence, which can attract penalties. The law also treats words like "registered" or "registered trademark", or any other expression suggesting registration, in a similar way when they are used on a mark that is not registered in India.
Beyond the legal penalties, there are practical consequences:
Imagine a hypothetical snack brand, "Crunchwala", that files its application and, excited by the progress, prints ® on its entire first packaging run. Its application later receives an objection. Now the brand has packaging in the market claiming a registration it doesn't have. The safer path would have been ™ until the certificate was issued.
| Stage of your trademark | Symbol to use |
|---|---|
| Using the brand, no application filed | ™ |
| Application filed | ™ |
| Objection raised by the examiner | ™ |
| Accepted and published in the Trade Marks Journal | ™ |
| Opposition filed against your mark | ™ |
| Registered, certificate issued | ® (for the registered goods/services) |
| Registration renewed on time | ® |
| Registration expired and not renewed or restored | Stop using ® |
The rule of thumb is simple: no registration certificate in force, no ®. For a detailed look at each stage, see the Complete Guide to Trademark Registration in India.
There is no single mandatory format for displaying ™ or ® in India, but consistent, sensible use helps. Common good practices include:
Registration protects your mark for the goods or services in the classes you filed under. If your brand is registered for clothing but you launch a line of bags, the bags should carry ™ unless and until you register in the relevant class. Learn more in Trademark Classes Explained.
Each mark stands on its own. Use ® with the registered form and ™ with any unregistered form.
A foreign registration does not make a mark "registered" in India. Using ® in India for a mark registered only elsewhere can be misleading. Trademark rights are territorial, so consider filing in India if you trade here.
A registration is valid for 10 years from the application date and can be renewed indefinitely for further 10-year periods. As long as it is renewed, you can keep using ®. If it lapses, you lose the right to use the symbol along with the statutory protection. See Trademark Renewal.
No. You don't need to file anything to use ™. It is a claim, not a certificate. It is still wise to run a trademark search first, because using ™ does not protect you if someone else holds earlier rights in a similar mark.
No. Acceptance and publication are steps towards registration, not registration itself. The mark can still be opposed. Wait until the registration is granted.
Using ® is not generally required, but it is strongly recommended. It puts others on notice of your rights, deters copying, and signals professionalism to customers and partners.
The symbol itself does not create rights. Rights in an unregistered mark come from genuine use and the goodwill it builds, and they can be enforced through passing off. Registration gives you stronger, statutory protection.
Stop using it on unregistered marks as soon as possible, update your packaging, website and marketing materials, and consider getting advice on your position. If the brand matters to your business, it may also be time to file for registration.
