TM vs ® Symbol: Meaning and When You Can Use Each in India
Short answer:
- ™ (TM) simply tells people you claim the name or logo as your trademark. You can use it whether the mark is unregistered, applied for or registered.
- ® (R in a circle) means the mark is registered. Use it only after registration, and only for the goods or services covered by the registration.
Using ® on a mark that is not registered in India counts as falsely representing it as registered, under section 107 of the Trade Marks Act, 1999. Since 1 August 2024 that attracts a monetary penalty.
TM vs ®: the difference
| ™ | ® | |
|---|---|---|
| Meaning | A claim to the mark | The mark is on the register of trademarks |
| Who can use it | Anyone using a name or logo as a brand | Only the owner of a registered trademark |
| During the application (including "accepted and advertised") | Yes | No; the mark is not yet registered |
| After the registration lapses or is removed | Yes | No |
| Legal basis | Not defined in the Act; a common business convention | Section 107 controls misuse |
"SM" (service mark) is a United States convention; Indian law does not use it, and ™ covers services too.
Need help with this?
Filing for your own brand? See our trademark registration service: search, class selection and Form TM-A filing, handled for you. We are a trademark consultant in Ahmedabad working with businesses across Gujarat.
What section 107 prohibits
- Representing a mark that is not registered as a registered trademark (section 107(1)(a)).
- Representing a registered mark as registered for goods or services it is not registered for (section 107(1)(c)).
- Representing that registration gives an exclusive right in circumstances where the limitations on the register mean it does not (section 107(1)(d)).
Symbols count. Under section 107(3), using the word "registered", or any expression or symbol referring to registration, is taken to refer to registration on the Indian register. The exceptions are where the reference is clearly to registration in another country under that country's law, or where it is used for goods exported to, or services used in, a country where the mark is registered.
Penalty after the Jan Vishwas amendment
Section 107 used to provide for imprisonment of up to three years, or a fine, or both. The Jan Vishwas (Amendment of Provisions) Act, 2023, in force for these provisions from 1 August 2024, replaced that with a monetary penalty: one-half per cent of the relevant audited sales, turnover or professional gross receipts, or ₹5,00,000, whichever is less. It is decided by administrative adjudication, with an appeal. This is separate from the offences of falsifying or falsely applying a trademark under sections 103 and 104.
Practical rules
- While your application is pending, use ™. Check progress with our trademark status guide.
- Switch to ® only when the status shows Registered.
- Use ® only on the goods or services in the registered class. If you sell in other classes, use ™ there or file in those classes; see trademark classes.
- Use ® for the mark as registered. If you registered the word, a heavily changed logo may not be covered.
- Stop using ® if you do not renew; registration lasts ten years at a time (section 25). See trademark renewal.
Neither symbol is compulsory. Registration protects you whether or not you print ®, but the symbol tells others the mark is registered.