What is the difference between TM and R symbols?

Use the TM symbol when you claim a mark as a trademark but have not registered it with the Trademark Registry. Use the ® symbol only after the Trademark Registry officially registers your trademark. In simple terms, TM vs R trademark shows whether your brand has legal recognition yet or is still in the application stage.

Why do people use TM before R?

Businesses use TM to publicly claim ownership of a mark while their application is pending or before filing. It signals intent to assert rights and can support a passing-off claim later, even though it doesn’t grant statutory protection under the Trade Marks Act.

Does Indian law protect a TM-marked trademark?

Not under the Trade Marks Act, 1999, which doesn’t define or regulate TM at all. TM-marked brands rely on common law passing-off protection instead, which requires proving goodwill, misrepresentation, and damage, a harder route than a registered trademark’s infringement suit.

Can I switch from TM to ® after registering my trademark?

Yes, once the CGPDTM issues your registration certificate, switch from TM to ® across your logo, website, packaging, and materials. Using TM after registration isn’t illegal, but it understates the legal protection you actually hold.

Does using TM provide any legal rights before registration?

TM itself doesn’t create statutory rights. It can, however, help establish the date you began commercial use and support a passing-off claim by showing you were actively asserting ownership, useful evidence if a dispute arises later.

Can a brand use both TM and R symbols at the same time?

No, using both together sends a mixed signal about your actual registration status. Once you receive your certificate, switch to ®. Do not use TM alongside it, as this can weaken your position if someone disputes your trademark status.

When should I use TM and when should I use R?

Use TM before filing, after filing, or while your application is pending. Use ® only after the CGPDTM has issued your registration certificate. Filing or acceptance alone never qualifies you to use ®.

Can anyone use the TM symbol even without filing?

Yes, no registration or pending application is required to use TM. Any business or individual can use it from the moment they start using a mark commercially to signal a claim over that brand.

Is TM only for logos, or does it apply to names too?

TM applies to any trademark, brand names, logos, taglines, or slogans used to identify goods or services. You can use TM for more than visual marks. Word marks and combinations can also carry the TM symbol.

What happens if I use R without registration?

You become liable for a civil monetary penalty under Section 107 of the Trade Marks Act, 1999,

5% of your annual turnover or ₹5,00,000, whichever is less, following the Jan Vishwas Amendment effective August 2024. 11. Can I use ® in India if I registered my trademark abroad?

No, trademark rights are territorial, so a foreign registration gives no rights in India. A narrow exception exists under Section 107(3) for exports only, with strict conditions that most businesses don’t meet. You need an Indian registration to use ® here.

Can I use ® for services outside my registered class?

No, your ® rights only cover the classes in your registration certificate. Using ® for an unregistered class, like a Class 25 clothing brand marketing Class 35 retail services, is a false representation under Section

13. What is the ℠ symbol, and how does it differ from ™?

The ℠ (Service Mark) symbol is used in the United States for unregistered service marks. It differs from ™, which traditionally applies to goods. India doesn’t recognize ℠ under the Trade Marks Act, 1999; ™ covers both goods and services here, so businesses in India should stick to ™.

Do I need a lawyer or CA to switch my brand assets from ™ to ®?

No, switching symbols once your certificate arrives is a straightforward update to your packaging, website, and marketing materials. However, an IP professional can help verify your registration status and covered classes before you make the switch.

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Intellectual Property Trademark

TM vs ® in India: Difference Between TM and R Symbols

Abhilash Shukla

Updated:Aug 13, 2026

9 min read

difference between tm and ® symbol trademark

The primary difference between the TM and R symbols in India is their registration status, which determines the nature and enforceability of the mark’s rights. Any brand owner may use the ™ symbol at any stage, before filing, after filing, or while the trademark registration online application is pending. It does not, however, confer statutory rights under the Trade Marks Act, 1999. The ® symbol, by contrast, is only available for use once the CGPDTM has issued a registration certificate.

Using ® before the certificate is issued makes the person liable to a civil monetary penalty of 0.5% of annual turnover or ₹5,00,000, whichever is less, under Section 107. Until 2024, this same violation carried imprisonment of up to three years instead. The Jan Vishwas (Amendment of Provisions) Act, 2023, replaced that imprisonment clause with the current financial penalty.

Key Takeaways

TM shows a claim to a trademark. You can use it without registration.
® shows a registered trademark. You can use it only after receiving a registration certificate from the CGPDTM.
Using ® without registration can attract a civil penalty under Section 107. The penalty is 0.5% of annual turnover or ₹5,00,000, whichever is less. This applies from 1 August 2024 under the Jan Vishwas Act.
TM-marked brands can pursue a passing-off action if copied. They must prove goodwill, misrepresentation, and damage.
Registered marks can directly sue for infringement under Section 29.
® protection applies only to the registered classes. Using it for unrelated goods or services can still amount to misrepresentation.
A foreign ® registration does not authorize its use in India. Trademark rights are territorial.
Do not use TM and ® together after registration. Use ® to show that the mark is registered.

What Does the “TM” Symbol Mean?

TM symbol stands for “Trademark.” When you place it next to a brand name, logo, or slogan as a superscript, you’re publicly claiming the mark as your intellectual property. Here’s what that claim actually gives you legal room to do, and where it stops short:

No Statutory Basis: The Trade Marks Act, 1999, doesn’t mention TM at all; using it is a matter of commercial practice, not law.
No Statutory Rights: If someone copies your TM-marked brand, you can’t sue for infringement; that right is reserved for registered marks.
Available Remedy: A passing-off suit, where you must prove your mark has real goodwill, that the other party’s use misleads customers, and that you’ve suffered damage. Passing-off cases take longer, cost more, and are harder to win than infringement suits.

You can use TM from the moment you start using a mark commercially, whether that’s before filing, after filing, or while your application is pending. No registration is required to display it.

What Does the “®” Symbol Mean?

® symbol tells the world your trademark is officially registered with the CGPDTM and entered in the Register of Trade Marks. This registration comes with real, enforceable advantages:

The only requirement to use it is a valid registration certificate. Filing or application acceptance alone is not enough.
The ® symbol serves as prima facie evidence of validity across India, a documented legal presumption you can rely on if your ownership is ever challenged.
You can sue for infringement under Section 29 without first proving goodwill, unlike a passing-off claim for an unregistered mark.
It lets you record the mark with Customs to block infringing imports at the border.
It provides the basis for licensing/franchising deals and for international filing through the Madrid Protocol.

TM and R Difference in India: Legal Rights Compared

TM in India signals a claim to a mark, while R signals a legally confirmed, enforceable right. Here’s how the two compare across what actually matters when a dispute arises:

	™ (TM Symbol)	® (Registered Symbol)
What it signals	A trademark claim, registered or not	Officially registered and legally protected
Registration required	No, usable before filing, after filing, or while pending	Yes, only after the CGPDTM issues a registration certificate
Statutory basis	Not defined in the Trade Marks Act, 1999; governed by common law	Trade Marks Act, 1999; mark entered in the Register of Trade Marks
Legal protection	Common law only, through a passing-off action, limited to the area of use	Nationwide statutory protection; infringement suit under Section 29
Enforcement route	Passing-off action; must prove goodwill, misrepresentation, and damage	Direct infringement action; registration is prima facie evidence of ownership
Penalty for misuse	No specific statutory penalty, though misuse may weaken your case	Civil monetary penalty under Section 107, 0.5% of turnover or ₹5,00,000, whichever is less
Who can use it	Anyone claiming brand ownership	The registered proprietor and authorized users, for the goods/services covered

Remember: Avoid using TM and ® together on the same mark. Once your trademark is registered, use only ®. Using both can create confusion about your registration status.

Did You Know? A third symbol, ℠ (Service Mark), exists in the United States for unregistered service marks. It has no legal standing in India and isn’t recognized under the Trade Marks Act, 1999. In India, ™ covers both goods and services.

Section 107 Penalty for Using ® Without Registration

Section 107 of the Trade Marks Act, 1999, penalizes falsely representing a trademark as registered. This applies beyond just the ® symbol, writing “Registered” next to a brand name, using “Regd.” as a suffix, or implying registration in any way; all fall under this section.

What Changed: The penalty, as amended by the Jan Vishwas Act (effective 1 August 2024), is a civil monetary penalty. The penalty is 0.5% of your total annual turnover or gross receipts, based on audited accounts, or ₹5,00,000, whichever is less. This replaced the earlier provision, which carried imprisonment of up to three years.

Three situations commonly trigger this penalty:

Using ® on an unregistered trademark: Some businesses use ® after filing or acceptance, but this is not allowed. Only a registered trademark can use the ® symbol.
Applying ® to unregistered goods or services: If your trademark is registered only in Class 25 for clothing, you cannot use ® for the same mark in Class 35 consulting services. Registration applies only to the approved class(es). Use the Trademark Class Search Tool to confirm exactly which classes your registration actually covers.
Using a foreign ® registration in India: Trademark rights are territorial. A registration in the US, EU, or UK does not allow you to use ® in India. A limited exception under Section 107(3)(c) applies only to certain export-related situations, which most businesses do not qualify for.

When to Use TM and When to Use ®?

Most businesses use the wrong trademark symbol by mistake. Here are the most common errors to avoid:

Printing ® too early. Businesses often add ® right after filing or after acceptance, without waiting for the actual registration certificate. Registration typically takes 6 to 12 months, and using ® during that window exposes you to liability under Section 107 for the entire period.
Using ® outside your registered class. Fees are charged per class, so many businesses register only their primary class. A software company registered in Class 9 for its app that later uses ® on unrelated Class 41 training programs is misrepresenting registration for a class it doesn’t hold.
Bringing a foreign ® into the Indian market. Trademark rights are territorial. A US, EU, or UK registration authorizes nothing in India. The correct path is a direct CGPDTM application or a Madrid Protocol filing designating India. Until an Indian certificate exists, ™ is the correct symbol here.

Thousands of founders and D2C brands see “Accepted & Advertised” and immediately print ® on packaging, not realizing the mark is still open to opposition for 4 months. If opposed or refused, every printed package becomes an illegal representation under Section 107.

Before switching to ®, use our Trademark Search tool to confirm your mark is actually registered, not just advertised.

Abhilash Shukla

Abhilash Shukla is an Intellectual Property Attorney and Commercial Legal Professional with over 13 years of experience advising businesses on trademark law, brand protection, intellectual property strategy, and commercial legal matters. His tenure as an Examiner of Trade Marks & Geographical Indications with the Government of India allowed him to gain first-hand expertise in trademark examination, registrability assessment, classification, and trademark registry procedures. With a deep understanding of both legal and commercial considerations, Abhilash helps businesses develop practical strategies to protect and scale the value of their brands.