TM vs ® vs © in India —
What's the Difference?

Three symbols are commonly confused in Indian IP practice: ™ (TM), ® (R in circle), and © (Copyright). Each has a distinct legal meaning, and using the wrong one — especially using ® when your trademark is not yet registered — can expose you to legal consequences.

™ — The Trademark Symbol

The ™ symbol indicates that the person or business claims trademark rights in the mark — but it does not mean the trademark is registered.

When can you use it? As soon as you file your trademark application with the Trade Marks Registry in India, you can legally use ™ next to your brand name, logo, or tagline. You can also use it even before filing, to indicate you are claiming common-law trademark rights through use.

What does it signal to others? It signals that you consider the mark to be your trademark and you may take action if others use it. However, unregistered marks have weaker protection — you must prove goodwill and reputation acquired through use to succeed in a "passing off" action.

® — The Registered Trademark Symbol

The ® symbol means the trademark is officially registered with the Trade Marks Registry. In India, this means your application has completed the full examination, acceptance, publication, and opposition period process, and you have received your registration certificate.

When can you use it? Only after your trademark registration certificate is issued. Using ® before that point is a criminal offence under Section 107 of the Trade Marks Act, 1999, punishable with up to 3 years imprisonment and/or fine.

What does it give you? A registered trademark gives you:

• Statutory right to sue for trademark infringement under the Trade Marks Act
• Presumption of ownership and validity in any legal proceeding
• Right to claim damages, account of profits, and injunction
• The right to license the mark and earn royalties
• Customs protection — you can register with Customs to prevent import of infringing goods

© — The Copyright Symbol

The © symbol indicates copyright protection — a completely different type of intellectual property from trademarks.

Copyright protects original creative works: literature, music, films, software code, artistic works, photographs, and architectural designs. Copyright arises automatically in India when you create an original work — registration is optional but useful for evidence.

Key differences from trademark:

Common Misuse Mistakes in India

Using ® before registration

This is the most serious mistake. If you put ® on your product, website, or packaging before your trademark registration certificate is issued, you are committing an offence under Section 107 of the Trade Marks Act. Even if your application is pending, you must use ™ — not ®.

Confusing copyright with trademark for a logo

A logo can have both copyright (as an artistic work) and trademark protection (as a brand identifier). They serve different purposes. Copyright protects against copying the artwork. Trademark protects against brand confusion in commerce. If you want full protection for your logo, you need both.

Assuming ™ gives the same protection as ®

Using ™ is not the same as being registered. If someone copies your ™ mark, you can sue for "passing off" — but this requires proving established reputation and goodwill through use. A registered ® mark gives you much stronger, easier-to-enforce statutory rights.