The Three Symbols, and What Each One Signals
Quick Reference
TM
"I'm claiming this as my trademark." No registration needed to use it.
SM
Same as TM, but specifically for a service mark rather than a product.
®
"This is officially registered." Legally restricted — registration required first.
When You Can Legally Use Each One
| Symbol | Registration Required? | Used For | Legally Enforceable Rights? |
|---|---|---|---|
| ™ | No | Goods/products | Common-law "passing off" only, unless registered |
| ℠ | No | Services | Same as TM — informal, not a separate legal category in India |
| ® | Yes — mandatory | Goods or services, once registered | Full statutory rights under the Trade Marks Act |
You can start using ™ (or ℠ for a service business) the day you begin using your brand in the market — even before you've filed an application. It signals to competitors and customers that you're claiming the mark as yours, and can support a later "prior use" argument if a dispute arises.
A Note on SM in India
The ℠ symbol comes from US trademark practice, where trademarks (for goods) and service marks (for services) are technically distinguished. Indian law doesn't formally separate the two in this way — a "trademark" under the Trade Marks Act, 1999 covers both goods and services. Using ℠ in India is not incorrect, but it carries no different legal weight than using ™ — both simply indicate an unregistered, claimed mark.
The ® Symbol: Registration Required, No Exceptions
This is the one businesses get wrong most often, usually by copying a competitor's branding or assuming the symbol is just decorative. It isn't. Under Indian law, ® may only be used once the Trade Marks Registry has actually granted registration and issued a certificate — not while the application is pending, not during the objection stage, and not during the four-month opposition-publication window.
⚠️ Section 107: A Real Criminal Offence
Falsely representing a mark as registered — including using ® before actual registration — is an offence under Section 107 of the Trade Marks Act, 1999, punishable with imprisonment of up to 3 years, a fine, or both. This isn't a technicality; it's treated the same as other trademark-related offences under the Act.
Switching From ™ to ®
The moment your registration certificate is issued, you can switch from ™ to ® on all your branding, packaging, and marketing material. There's no formal notification process required for this switch — it's simply that your legal right to use ® begins exactly when registration is granted, not before.
Track your application status on the IP India portal so you know the moment your mark moves from pending to registered — see our guide on what each status actually means.
Not Sure If You Can Use ® Yet?
Send us your application number and we'll confirm your exact registration status — free.
Do You Need to Use Any Symbol at All?
No symbol is legally mandatory in India — you can own and enforce your trademark rights without ever displaying ™ or ®. That said, using the appropriate symbol consistently is good practice: ™ puts competitors and the public on notice of your claim while an application is pending, and ® signals stronger, registered rights once available, which can itself have a deterrent effect on would-be infringers.
Frequently Asked Questions
Can I use ™ before I've even filed a trademark application?
Yes. ™ simply signals that you're claiming a mark as yours — it doesn't require a pending application or registration. Many businesses use it from the moment they start trading under a name.
What happens if I use ® before my trademark is registered?
It's an offence under Section 107 of the Trade Marks Act, 1999, punishable with imprisonment of up to 3 years, a fine, or both. This applies even if your application is pending or has been accepted and published — registration must actually be complete.
Is SM a legally recognised symbol in India?
Indian law doesn't formally distinguish service marks from trademarks the way US law does, so SM has no separate legal status here. Using it for a service business is fine and understood, but it carries the same (unregistered) legal weight as TM.
Am I legally required to use any trademark symbol?
No. Using ™ or ® is good practice for putting others on notice, but your trademark rights exist independently of whether you display a symbol at all.
How do I know exactly when I can switch from ™ to ®?
The moment the IP India Registry issues your registration certificate — not when your application is filed, not when it's published for opposition. Check your application's live status on the IP India portal to confirm the exact date.