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TM vs ® Symbol – When to Use What With Your Brand Name
Using the wrong trademark symbol can mislead customers and, in some cases, invite legal trouble. Learn exactly when to use TM and when you are legally allowed to use ® in India, and let our trademark attorneys file your application so you can move confidently from TM to ®.
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TM and ® – What Do These Symbols Actually Mean?
TM and ® are small symbols placed next to a brand name, but they signal very different legal positions. The TM symbol tells the world you are claiming a brand as your own, whether or not you have filed for registration, while the ® symbol is a legal declaration that the Trademark Registry has officially examined and registered your mark.
Using the correct symbol at the correct stage matters because the ® symbol is protected under Indian law, and using it before your trademark is actually registered can attract penalties. Understanding the difference helps you brand confidently without stepping into a legal grey area.
The Three Trademark Symbols Explained
TM
Unregistered Trademark
Used for goods to signal that you are claiming common law rights over a brand name or logo, whether or not an application has been filed with the Registry.
SM
Unregistered Service Mark
Used the same way as TM, but for services rather than physical goods. It is more common in the US and is optional to use in India, where TM is generally used for both goods and services.
®
Registered Trademark
Used only once the Registrar of Trademarks has issued an official Certificate of Registration for your specific mark and class.
TM vs ® – Quick Comparison
| Aspect | TM Symbol | ® Symbol |
|---|---|---|
| Legal status | Unregistered, common law claim | Legally registered with the Trademark Registry |
| Who can use it | Anyone claiming a brand name or logo | Only the holder of a valid Registration Certificate |
| When to use | Before filing, or while the application is pending | Only after the Registry issues the certificate |
| Level of protection | Limited, relies on proving prior use | Strong, statutory nationwide protection |
| Legal risk if misused | Low, since no registration is claimed | Criminal penalty for falsely claiming registration |
| Governing provision in India | Common law / passing off | Trade Marks Act, 1999 |
Why You Cannot Use ® Before Registration Is Complete
In India, falsely representing an unregistered mark as registered is a punishable offence. Section 107 of the Trade Marks Act, 1999 treats the improper use of words or symbols implying registration as a criminal act, which can lead to a fine and imprisonment of up to three years.
Filing your trademark application does not entitle you to use ®. The ® symbol can be used only after the Registrar of Trademarks issues the official Registration Certificate for your specific mark and class, not from the date of filing or acceptance.
Until that certificate is issued, use TM to indicate that you are claiming rights over the brand while your application is under process. This keeps your branding accurate and legally safe.
When Should You Use TM?
- You have started using a brand name, logo, or tagline but have not yet filed a trademark application
- You have filed the TM-A application and it is still pending examination or publication
- You want to publicly assert ownership over a brand while building your business
- You are using a mark in a new market or product line before deciding to formally register it
When Should You Use ®?
- The Registrar of Trademarks has issued the official Certificate of Registration for your exact mark
- Your registration is for the same word, logo, or class you are now using the symbol with
- Your registration is still valid and has not lapsed due to non-renewal
- You are using the mark within India or in a country where the same registration applies
How to Decide Which Symbol to Use for Your Brand
1
Check Your Application Status
Log in to the IP India portal or ask your trademark agent whether your application has only been filed, is under examination, or has resulted in a Registration Certificate.
2
Use TM If Not Yet Registered
If you have not filed, or your application is still pending, use the TM symbol next to your brand name or logo.
3
Confirm the Registration Certificate
Once you receive the official Registration Certificate from the Registrar of Trademarks, verify the exact mark and class it covers.
4
Switch to ® Only for the Registered Mark
Use ® only alongside the exact wordmark or logo covered by your certificate, and only within the goods or services listed in that class.
5
Track Renewal Dates
Keep your registration valid by renewing it every 10 years, since using ® on a lapsed registration can also expose you to legal risk.
Why Choose SetupFiling to Move From TM to ®
SetupFiling has helped over 50,000 customers across India file, track, and successfully register their trademarks. We help you use the TM symbol correctly from day one and guide you through search, filing, examination, and certification so you can legitimately switch to ® as soon as possible.
- Accurate trademark availability search before you start using TM
- Expert-drafted applications to reduce examination delays
- Real-time status updates so you know exactly when you can switch to ®
- Support for objections, oppositions, hearings, and renewals
- Transparent, fixed pricing with no hidden charges
If your application receives an examination report, our team can prepare a trademark objection reply or represent you at a trademark hearing, keeping your journey from TM to ® on track.
Related Trademark & Business Registration Services
Explore other services that support your journey from TM to a fully registered ® mark:
Trademark Registration in India
Complete Trademark Registration Process
Meaning & Types of Trademark Explained
Register Your Logo as a Trademark
Renew an Existing Trademark Online
Trademark Registration Fees in India
Protect Original Work with Copyright Registration
File a Patent for Your Invention
Start a Private Limited Company
Apply for GST Registration
Get Your MSME (Udyam) Certificate
Talk to a Trademark Expert
Frequently Asked Questions – TM vs ® Symbol
What is the difference between TM and ® symbols?
TM indicates an unregistered trademark being claimed under common law, while ® indicates a mark that has been officially registered with the Trademark Registry and is legally protected under the Trade Marks Act, 1999.
Can I use ® right after filing my trademark application?
No. You can only use ® after the Registrar of Trademarks issues the official Registration Certificate. Filing or even acceptance of the application does not permit use of the ® symbol.
Is it mandatory to use the TM symbol?
No, using TM is not legally mandatory, but it is a good practice that publicly signals your claim to a brand name or logo while your registration is pending or before you file.
What happens if I use ® before my trademark is registered?
Falsely representing an unregistered mark as registered is a punishable offence under Section 107 of the Trade Marks Act, 1999, which can lead to a fine and imprisonment of up to three years.
What is the SM symbol and is it used in India?
SM stands for service mark and is used the way TM is used, but specifically for services. In India, TM is commonly used for both goods and services, so SM is rarely used.
Can I use ® in India if my trademark is only registered in another country?
No. The ® symbol should only be used where the mark is actually registered. A foreign registration does not automatically give you the right to use ® on goods or services sold in India.
Do I need to change my packaging or website every time my trademark status changes?
Yes, ideally. Once your Registration Certificate is issued, updating your packaging, website, and marketing material from TM to ® strengthens your legal position and keeps your branding accurate.
How do I move from using TM to legally using ®?
File your trademark application, respond to any examination report if raised, wait for journal publication and the opposition period, and once the Registrar issues the Registration Certificate, you can start using ® for that exact mark and class.
Start Your Journey From TM to a Registered ® Brand
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