What's the Difference Between ™ and ®?

Q: What's the difference between ™ and ®?

™ signals that you're claiming a mark as a trademark, with or without registration — anyone can use it. ® is legally reserved for marks that have actually completed registration with the Trade Marks Registry, and using it before that can be a punishable offense under Section 107 of the Trade Marks Act.

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Published 6 August 2026 · Updated 6 August 2026 · 1 min read

The two symbols look interchangeable but mean very different things legally.

™ — a claim, not a right

Anyone can attach ™ to a word, logo, or slogan they're using as a brand identifier, at any point — before filing, while an application is pending, or even without ever filing at all. It's a public signal of a claim, and it can support a common-law passing off case later, but it doesn't come from any government process and doesn't itself create statutory rights.

® — only after registration

® is legally reserved for marks that have completed the full registration process and hold a certificate from the Trade Marks Registry. It's not appropriate to use the moment you file, and not appropriate the moment your application clears examination — only once registration is actually granted.

Why the distinction has teeth in India

Using ® before your mark is registered isn't just misleading marketing — Section 107 of the Trade Marks Act, 1999 makes falsely representing a mark as registered a punishable offense, with real penalties. This is one reason to be precise about where your application actually stands rather than assuming a filing receipt is close enough.

The practical takeaway

Use ™ from day one of using your mark, through filing and examination. Switch to ® only when you're holding the registration certificate. For the process between those two points, see our trademark registration guide.