If you have ever looked at a brand name and wondered what the small ™ or ® symbol next to it means — and whether you can use one on your own brand — you are not alone. The two symbols look similar but have very different legal meanings.
The ™ symbol
™ stands for trademark. You can use ™ on any mark you are claiming as your trademark, regardless of whether it has been officially registered. Placing ™ next to your brand name, logo, or tagline is simply a notice to the public that you consider it your trademark and that you intend to protect it.
Using ™ does not require any filing, any government approval, or any registration certificate. It is a declaration, not a legal status. That said, unregistered marks have limited legal protection — you can rely on “passing-off” or “prior use” claims, but these are harder and more expensive to enforce than a registered right.
The ® symbol
® stands for Registered Trademark. You may only use ® after your trademark has been officially registered with the Trade Marks Registry (in India, under the Trade Marks Act, 1999). Using ® before registration is complete is unlawful and can amount to a misrepresentation — in some jurisdictions it carries penalties.
Once the Registry issues a Registration Certificate, you have the legal right to use ® next to your mark. Registration gives you a statutory right to exclusive use of the mark for the registered goods/services in the registered class(es) across India.
Why the distinction matters
- Legal enforceability: A registered mark (®) gives you a recorded right you can enforce in court as an infringement action. An unregistered mark (™) limits you to the common-law remedy of passing-off, which requires you to prove reputation and likelihood of confusion — a higher bar.
- Licensing and due diligence: Investors, franchisees, and marketplace platforms (Amazon, Flipkart, etc.) typically require ® — a registered mark with a certificate.
- Domain and customs protection: Registered marks can be recorded with customs authorities to intercept counterfeit imports.
A common mistake
Some businesses start using ® as soon as they file the application, thinking “we have applied, so we are registered.” This is incorrect. Filing creates a pending application; registration happens months (sometimes 12–18 months) later when the examination process is complete and no opposition is filed. Between filing and registration, you should use ™ if you use any symbol at all.
What about SM?
You may occasionally see the SM (Service Mark) symbol used in some countries. India does not formally distinguish between trademarks and service marks — the Trade Marks Act covers both goods and services — so SM is rarely used here.
Ready to move from ™ to ®?
The first step is checking whether a similar mark already exists. Run a free trademark availability search to see how clear your brand name is before filing.
This article is educational information only and does not constitute legal advice. Every trade mark situation is different — consult a qualified IP professional for advice specific to your brand.