Two small symbols appear next to brand names everywhere: ™ and ®. They look interchangeable, and plenty of businesses treat them that way. Under Indian law they are not. One can be used freely, the other only after registration, and using the wrong one at the wrong time can turn into a criminal offence.

What the ™ Symbol Means

The ™ symbol simply signals that a business is claiming a word, logo or tagline as its trademark. It has no formal legal status in India and does not require any registration. A brand can use ™ from the day it starts trading, while a trademark application is pending, or even if no application has been filed at all.

Using ™ does not create rights on its own. What it does is put others on notice that the name is being treated as a brand, which can help later if there is a dispute over who used the mark first.

What the ® Symbol Means

The ® symbol means the trademark is registered with the Trade Marks Registry under the Trade Marks Act, 1999. It can only be used once the registration certificate has been issued, and only for the goods or services covered by that registration.

A registered mark gives the owner the exclusive right to use it for the registered goods or services and the right to sue for infringement. The ® symbol tells the market that these rights exist.

Quick Comparison

The Risk of Using ® Too Early

Section 107 of the Trade Marks Act, 1999 makes it an offence to falsely represent a mark as registered. Placing ® next to a mark that is not registered, or using it for goods or services outside the registration, falls within this. The penalty can extend to imprisonment of up to three years, a fine, or both.

This catches out many businesses that file an application and immediately switch to ®. Filing alone is not enough. Until the certificate is issued, the correct symbol is ™.

Common Situations and the Right Symbol

• Brand launched, no application filed: ™ only.
• Application filed, status "Formalities Chk Pass" or "Under Examination": ™ only.
• Objection raised or opposition pending: ™ only.
• Mark published in the Trade Marks Journal: still ™, since publication is not registration.
• Registration certificate issued: ® can now be used for the registered goods and services.
• Registered in Class 25, now selling bags in Class 18: ® on clothing, but only ™ on the bags until Class 18 is also registered.
• Registration expired and not renewed: ® should be dropped until the mark is renewed or restored.

Does the Class Matter for the Symbol?

Yes. A trademark is registered class by class, so the ® symbol travels only as far as the registration does. A brand expanding into new product lines needs to check whether those products fall within an existing class or need a new application. The trademark class search tool by Litem Legalis helps identify which class a new product or service belongs to before it is launched under the same name.

Placement and Style

There is no fixed rule in Indian law on where the symbol must appear. Common practice is to place it at the top right or bottom right of the mark, in superscript, at a size that is visible but does not distract from the brand. It is usually enough to show it on the first or most prominent use on packaging, websites and marketing material rather than every single mention.

What About the SM Symbol?

The SM symbol, used for service marks, is common in the United States but rarely seen in India. Indian law treats goods and services marks the same way, so ™ is used for both until registration, and ® for both after it.

Key Takeaways

• ™ can be used at any stage, with or without an application.
• ® is allowed only after the registration certificate is issued.
• ® applies only to the registered classes and goods or services.
• False use of ® is an offence under Section 107 of the Trade Marks Act, 1999.
• An expired registration means the ® symbol should come off until renewal.

For the full process of moving a brand from ™ to ®, including search, filing, examination and certificate, see this guide on trademark registration in India.