™ vs ®: when you can use which symbol in India
One is free for anyone to use. The other can land you in trouble if you use it too early.
Written and reviewed by CS Prashant Kumar · Last reviewed 28 Oct 2026
Founders often add ® to their logo the day they file. It feels like the professional thing to do. Under Indian law it’s a mistake.
The ™ symbol
™ has no statutory status. It simply tells the market that you claim the name or logo as your brand. You can use it before filing, while your application is pending, or even if you never file.
The ® symbol
® signals that the mark is registered. Section 107 of the Trade Marks Act, 1999 treats representing an unregistered mark as registered as an offence, punishable with imprisonment of up to three years, a fine, or both.
Rule of thumb: ™ from day one, ® only after you hold the registration certificate, and only for the goods or services it covers.
What about ©?
© relates to copyright, which protects creative expression such as artwork, text or code. Your logo artwork can carry copyright, but your brand name as a source identifier is a trademark question.
Practical checklist
- Switch packaging artwork from ™ to ® only after registration.
- Don’t use ® in countries where the mark isn’t registered.
- Keep ® limited to the registered classes.