The two small symbols after a brand name carry precise legal meanings in India, and businesses get them wrong in both directions: some never use ™ when they could, and some print ® on a mark that was only filed. The second mistake is an offence. This guide sets out the rule for each symbol and what to do at every stage of an application.
™: a claim, available to anyone
The ™ symbol announces that you treat the word, logo or slogan as your trademark. It makes no claim about registration. You may use it:
- from the day you adopt the mark, with no application filed;
- throughout a pending application, whatever the status;
- on a mark you never intend to register.
It gives no rights by itself, but it does two useful things. It warns competitors that the name is claimed, and it helps prove, later, that you used the name as a brand rather than as a description. That evidence matters in a passing-off action and in a Section 9 reply arguing acquired distinctiveness.
India does not use the SM (service mark) symbol in any formal way. ™ serves for goods and services alike.
®: reserved for a registered mark
The ® symbol represents that the mark is registered. Under Indian law it may be used only when the mark is actually on the register: the application has passed examination and the opposition period, and the Registry has issued the certificate. On the portal, that is the single status Registered.
Prosecutions are rare, but the practical damage is real. In an opposition or infringement dispute, the other side will point to the false ® on your packaging, and the Registry and courts take the false claim into account against you.
Which symbol at which stage
| Stage | Portal status | Symbol you may use |
|---|---|---|
| Name chosen, nothing filed | ™ | |
| Application filed | New Application, Formalities Chk Pass | ™ |
| Under examination or objected | Marked for Exam, Objected, hearing | ™ |
| Accepted and advertised, opposition window running | Accepted & Advertised, Advertised bef acc | ™ |
| Opposed | Opposed | ™ |
| Certificate issued | Registered | ® (or ™ if you prefer) |
| Registration expired or removed | Removed | ™ until renewed or restored |
How to place the symbols
- Position. Superscript at the top right of the mark is the convention: BrandName™. Bottom right is also used.
- Which mark. Put the symbol next to the element that is registered. If the wordmark is registered but the logo is not, ® goes with the word and ™ with the logo.
- Which goods. Registration is class by class. A mark registered only in Class 25 should not carry ® on a Class 3 product sold under the same name; use ™ there, or register the second class.
- Which country. Registration abroad does not permit ® in India. Packaging for the Indian market should follow the Indian status.
- Typing them. ™ is Option-2 on a Mac and Alt+0153 on Windows; ® is Option-R and Alt+0174. Both exist in every standard font and as HTML entities, so no image is needed.
What registration changes, beyond the symbol
The symbol is the visible difference; the legal difference is larger. A registered mark gives its owner a statutory infringement action under Section 29, a presumption that the mark is valid, the right to record the mark with customs to stop counterfeit imports, and a registration that can be licensed, assigned and renewed indefinitely. An unregistered mark relies on passing off, which requires proving reputation from scratch in every case. The process guide covers how to get from one to the other, and the fees guide what it costs.
Frequently asked questions
Can I use the ™ symbol without registering a trademark?
Yes. ™ is a claim that you treat the word or logo as your trademark. It requires no application, no fee and no permission, and you may use it from the day you adopt the mark.
When can I start using the ® symbol?
Only once the status on IP India's portal reads Registered and the certificate has issued. Not at filing, not at Formalities Chk Pass, not at Accepted, not while advertised in the journal.
What is the penalty for using ® on an unregistered trademark in India?
Section 79 of the Trade Marks Act, 1999 makes falsely representing a mark as registered an offence punishable with imprisonment up to three years, a fine, or both. In practice it also undermines your own position in any dispute, because it shows a false claim on the record.
What does the SM symbol mean?
SM stands for service mark and plays the same role as ™ for a service brand. It is common in the United States and rarely used in India, where ™ is used for goods and services alike.
Does using ™ give me any legal rights?
Not by itself. Rights in an unregistered mark come from use and reputation, which ™ helps to evidence. The enforceable rights, including the ® symbol and a statutory infringement action, come from registration.
Do I need to change the ® to ™ if my registration lapses?
Yes. Once a mark is removed for non-renewal, it is no longer registered and continuing to use ® is a false representation. Renew before expiry, or restore promptly, and switch to ™ in the meantime.
Can I use ® in India if my trademark is registered only abroad?
No. Section 79 applies to representation of registration in India. A mark registered in the United States but merely applied for in India should carry ™ on Indian packaging until the Indian registration issues.
Information only. This guide explains a legal process in general terms; it is not legal advice and not a solicitation. Wording of statuses is as shown on IP India's public portal at the date above and may change.