TM vs R Symbol: When Can You Use Which

The TM symbol can be used by anyone claiming a brand, even before registration. The R symbol (®) is only for marks that are actually registered, and only for the goods or services covered. Using ® without registration can attract penalty under Section 107 of the Trade Marks Act, 1999.

Why it matters

The symbols tell customers and competitors where your brand stands. TM says you claim it; ® says the Registry has granted it. Once your trademark registration certificate arrives, you can switch to ®. Until then, stay with TM.

When each is allowed

• TM: before filing, while the application is pending, or if you never register. It gives no statutory protection by itself.
• ®: only after the registration certificate is issued.
• Classes: use ® only for the classes in your certificate.
• SM: sometimes used for services, but Indian practice simply uses TM before registration.

Key points

Place the symbol at the top right of the brand name, such as Brand™. Using it on the first or main mention is usually enough. A registered mark lets you sue for infringement directly, while an unregistered one relies on passing off, which needs proof of goodwill. If you spot copying, our trademark infringement service can step in. To avoid delay in getting ®, ask about expedited trademark registration.

Common mistakes

• Printing ® on packaging the day you file the application.
• Copying a foreign brand’s ® onto goods sold in India without an Indian registration.
• Using ® for goods in a class you never registered.
• Letting registration lapse and still showing ®. Remember trademark renewals.

Related guides: Trademark objection vs opposition, Trademark forms explained, Trademark classes explained

FAQs

Can I use TM without registering?

Yes. Any brand owner can use TM at any stage, though it gives no statutory protection.

When can I start using the R symbol?

After the Registry issues your registration certificate.

What happens if I use R without registration?

It can attract a penalty under Section 107 of the Trade Marks Act, 1999.

Unsure whether your mark qualifies for ®? Talk to a Taxhint expert.