Quick answer: You can use ™ with any brand name or logo you claim as yours – registered or not, including while your application is pending. You can use ® only after your trademark is actually registered in India. Using ® on a mark that isn't registered is an offence under Section 107 of the Trade Marks Act, 1999, punishable with imprisonment of up to three years, a fine, or both.
What ™ means
The ™ symbol tells the world: "We treat this as our trademark." It has no special legal status – there is no registration behind it – but it is useful because it:
- puts competitors on notice that you claim the name or logo,
- builds the habit of treating the mark as a brand, and
- is completely legal to use from day one, before or after you apply.
Use ™ while your application moves through examination, objection, publication and opposition. Statuses such as "Formalities Chk Pass", "Objected", "Accepted and Advertised" or "Opposed" all mean the mark is not yet registered.
What ® means
The ® symbol means the mark is registered with the Trade Marks Registry in India. You can start using it when your application status shows "Registered" and the registration certificate has been issued.
Registration gives you the exclusive right to use the mark for the goods or services it is registered for, and lets you sue for infringement – not just passing off.
The penalty for misusing ®
Section 107 of the Trade Marks Act, 1999 makes it an offence to falsely represent a mark as registered. That includes:
- using ® – or words like "registered trademark" – on a mark that is not registered in India,
- claiming registration for goods or services the mark isn't registered for, and
- continuing to use ® after the registration has expired or been removed.
The punishment is imprisonment of up to three years, a fine, or both. Beyond the penalty, it damages your credibility if a competitor or customer checks the register.
Registered abroad only? If your mark is registered in another country but not in India, don't use ® on its own in India. The Act allows a reference to foreign registration only when it is clearly stated alongside it which country it is registered in. The simple, safe choice is to use ™ in India until your Indian registration comes through.
™ vs ® at a glance
| ™ | ® | |
|---|---|---|
| Meaning | Mark claimed as a trademark | Mark registered in India |
| Registration needed? | No | Yes |
| When to use | Any time, including while the application is pending | Only after registration |
| Legal protection | Passing-off action only | Infringement action under the Trade Marks Act |
| Misuse penalty | None | Up to 3 years' imprisonment, fine, or both |
What about ℠ and ©?
- ℠ (service mark) is used in some countries for services. In India it is rarely used – ™ works for services too.
- © is the copyright symbol, not a trademark symbol. It protects creative works such as text, artwork and software. A logo can be protected by both trademark and copyright registration.
How to place the symbol
- Put it at the top right of the word or logo, in superscript.
- Use it on prominent uses – packaging, the website header, the first mention in an advertisement. You don't need it on every mention.
- Keep it consistent across packaging, website and marketing.
How long does registration last?
A trademark registration in India is valid for 10 years from the date of application and can be renewed every 10 years, indefinitely. If you don't renew, the mark can be removed from the register – and you must stop using ®. Our trademark renewal service tracks the deadline for you.
How Nevo Legal can help
We search for conflicting marks, file your application, reply to any examination objection and follow it through to registration – so you can switch from ™ to ®. See our trademark registration service.
Frequently asked questions
Can I use ™ without applying for a trademark?
Yes. ™ only signals that you claim the mark, so you can use it before applying, while the application is pending, or even if you never apply.
When can I start using ®?
Only after the mark is registered in India – when the status on the IP India portal shows "Registered" and the certificate is issued.
Is it compulsory to use ® after registration?
No. It's optional, but it warns others that the mark is protected and can discourage copying.
What is the penalty for using ® on an unregistered mark?
Under Section 107 of the Trade Marks Act, 1999, falsely representing a mark as registered is punishable with imprisonment of up to three years, a fine, or both.
Can I use ® if my trademark is "Accepted and Advertised"?
No. Acceptance and advertisement come before registration. Keep using ™ until the mark is registered.
This article is general information, not legal advice. For advice on your situation, speak to an expert.
