Can I Use the ™ Symbol Before My Trademark Is Registered?
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Published 6 August 2026 · Updated 6 August 2026 · 1 min read
Part of our complete guide: How to Register a Trademark in India: Complete Guide
Yes — ™ can be used at any time, with or without a pending application, to signal that you're claiming a word, logo, or slogan as your trademark. It's a public notice of a claim, not proof of a legal right.
What ™ does and doesn't do
Using ™ doesn't create statutory rights the way registration does. What it can support is a claim under the common-law tort of passing off — evidence that you were using the mark, and presenting it as yours, from a given date. It's useful, but it's a much weaker position than a registration, which gives you a statutory presumption of ownership and a nationwide exclusive right.
Why ® is different, and riskier to get wrong
The ® symbol is legally reserved for marks that have actually completed registration. Using it before that — on the assumption that a filed application is "as good as registered" — isn't a minor labeling choice. Section 107 of the Trade Marks Act, 1999 makes falsely representing a mark as registered a punishable offense. See our full explainer on the difference between ™ and ® for the specifics.
The practical rule
Use ™ from the day you start using the mark, and continue using it through filing, examination, and any objections. Switch to ® only once you're holding the registration certificate — not the day you filed, and not the day your application clears examination. More on the process in our trademark registration guide.
Register a trademark