Founders often add ® to a logo as soon as they file a trademark application. That is the most common mistake with these symbols, and it can be costly. Here is what each symbol means and when to switch from one to the other.
The two symbols compared
| TM | ® | |
|---|---|---|
| Meaning | Claimed as a trademark | Registered trademark |
| Needs registration? | No | Yes, on the Indian register |
| When to use | From the day you start using the brand, and while the application is pending | Only after the mark is registered |
| Legal effect | None by itself; it is a notice | Shows a registration that gives exclusive rights and the right to sue for infringement |
| Risk of misuse | Low | Offence if the mark is not registered |
Why ® before registration is risky
Section 107 of the Trade Marks Act bars representing a mark as registered when it is not, representing it as registered for goods or services it is not registered for, and similar false claims. The punishment can extend to imprisonment of up to three years, a fine, or both.
Section 107 also says that in India the word "registered", or any symbol that refers to registration, is taken to mean registration on the Indian register. A mark registered only abroad can use such a reference only with words or a symbol showing the foreign registration, or for goods or services meant for that country.
What to use at each stage
- Before filing: use TM. Run a search first so you do not invest in a mark someone else owns; see how to check trademark availability.
- Application filed, status pending, objected or advertised: keep using TM. You can mention the application, for example "Trademark application no. … pending", but not ®.
- Registered: switch to ® on the goods or services covered by the registration. If your logo and your word mark are registered separately, check which one you are marking.
- Products outside the registered classes: go back to TM for those, or file in the extra class; see trademark classes in India.
Keeping the ®
A registration lasts ten years and must be renewed. Once it lapses, the mark is no longer registered and the ® has to come off; see trademark renewal. The ® also helps when you enforce the mark, because it puts copiers on notice of your registration; see trademark infringement.
Talk to Regikart
We search the register, file word marks and logos in the right classes, and track your application through to registration so you know when the ® can go on. See trademark registration, word mark registration and logo registration, or call or WhatsApp +91 70444 94804.
Frequently asked questions
Can I use the TM symbol without registration?
Yes. TM shows that you claim the mark as your trademark. It needs no registration and gives no legal protection by itself.
When can I use the ® symbol in India?
Only after the mark is registered on the Indian trademark register, and only for the goods or services covered by that registration.
Can I use ® after filing a trademark application?
No. A pending application is not a registration. Use TM until the mark is registered.
What is the penalty for using ® on an unregistered trademark?
Falsely representing a mark as registered is an offence under section 107 of the Trade Marks Act, 1999, punishable with imprisonment of up to three years, a fine, or both.
Do I have to use the ® symbol once registered?
It is not compulsory, but it warns others that the mark is registered and is useful when you enforce your rights.
About the author
Regikart CS Team
Company Secretaries at Regikart. Want to discuss this in the context of your business?
