TM vs ® symbol: what is the difference?
Know exactly which symbol you may use on your brand, and when.
Quick answer
You may use the TM symbol as soon as you claim a brand as your trademark, even before applying. The ® symbol is allowed only after the mark is actually registered. Using ® on an unregistered mark is an offence under Indian law.
Key facts
- TM: signals a claim to the mark, no registration needed
- ®: only for a registered trademark
- SM is used for service marks in some countries; in India TM is commonly used for both
- Registration typically takes about 18 to 24 months, depending on objections and oppositions
- You can use TM from the day you file your application
When to use TM
Use TM next to your brand name or logo from the moment you adopt it. It warns others that you consider it your mark. It gives no registration rights by itself, but it helps show use if a dispute arises.
When to use ®
Use ® only after the Trade Marks Registry has registered your mark and issued the certificate. Using it earlier can mislead the public and attract legal action under the Trade Marks Act, 1999.
What to do next
If you are still using TM, filing an application is the next step. See our trademark registration service and the fee guide.
This page is general information, not legal advice.
Frequently asked questions
Can I use TM without registration?
Yes. TM can be used for any brand you claim, registered or not.
Can I use ® after filing?
No. Wait until the registration certificate is issued.
What happens if I use ® wrongly?
It can be treated as falsely representing a mark as registered, which is punishable under the Trade Marks Act.
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