Short answer: you can use ™ with any mark you claim as your brand — registered, applied for or not yet filed. You can use ® only once the mark is registered, and only for the goods or services it is registered for. Using ® on an unregistered mark is an offence under Section 107 of the Trade Marks Act, 1999.
What the symbols mean
| Symbol | Meaning | When you can use it |
|---|---|---|
| ™ | Trademark — “we claim this as our brand” | Any time, whether or not you have applied |
| ℠ | Service mark — the same idea for services | Any time; less common in India, where ™ is used for both |
| ® | Registered trademark | Only after registration, and only for the registered goods or services |
Using ™
™ has no legal status of its own. It simply tells the market that you treat the name or logo as your brand. Many businesses use it from the day they file a trademark application — or even before — to signal ownership while the application is pending.
Using ®
® tells the world that the mark is on the Register of Trade Marks. You can start using it once the mark is registered — not when you file, and not when it is accepted or advertised. Use it only:
- for the goods or services and classes the registration covers;
- while the registration is in force — renew on time (see trademark renewal in India);
- in India, unless the mark is also registered in the other countries where the product is sold.
Why misusing ® is risky
Section 107 of the Trade Marks Act, 1999 makes it an offence to falsely represent a trademark as registered — including using ® on an unregistered mark, or claiming registration for goods or services it does not cover. The penalty can be imprisonment for up to three years, a fine, or both. It can also weaken your position in any dispute, because it looks like an attempt to mislead.
Practical examples
| Situation | Symbol to use |
|---|---|
| Brand launched, no application filed | ™ |
| Application filed, status “Formalities Chk Pass”, “Objected” or “Accepted & Advertised” | ™ |
| Registered in Class 25 for clothing | ® on clothing; ™ on anything outside Class 25 |
| Registration expired and not renewed | ™ only |
| Registered in India, selling in the UAE | ® on Indian sales; check UAE registration before using ® there |
Do you have to use a symbol at all?
No. Using ™ or ® is not compulsory in India. But ® on a registered mark is a strong deterrent and makes it harder for an infringer to claim they did not know.
Frequently asked questions
Can I use ™ without registering my trademark?
Yes. ™ only signals that you claim the mark as your brand; no registration or application is required.
When can I start using ®?
Only after the mark is registered, and only for the goods or services covered by the registration.
Is using ® without registration illegal in India?
Yes. Falsely representing a mark as registered is an offence under Section 107 of the Trade Marks Act, 1999, punishable with imprisonment up to three years, a fine, or both.
Can I use ® after my application is accepted and advertised?
No — acceptance and advertisement are not registration. Wait until the mark is registered.
How do I get to use ®?
Register your trademark. We can confirm the right classes, search for conflicts and file the application. We work on economical, reasonable professional fees and share a transparent quote before starting.
Start here: find your trademark class, then read about trademark registration in India.