A common myth is that you can only use ™ after filing a trademark application. Not so. Here’s the simple rule for when each symbol — ™ and ® — belongs on your brand.
™ — you don’t need to have applied
The ™ symbol can be used on any mark you intend to use as a trademark. It simply tells the public you claim the mark as yours — a statement of intent. You do not need to have applied for, or obtained, registration to use it.
® — registration required
The ® symbol (the letter “R” in a circle) means the mark is registered as a trademark. It’s far more potent than ™: any unauthorised use of a registered trademark amounts to infringement.
But there’s a serious flip side. Falsely using ® on an unregistered mark is a criminal offence, punishable with imprisonment up to three years, a fine, or both. So the ® is only for marks that are actually registered.
The rule in one line
- ™ — no application or registration needed; use it to signal your intent to claim the mark.
- ® — only after your trademark is registered; false use is punishable.
The takeaways
- ™ is free to use on a mark you intend to protect — even before filing.
- ® requires actual registration — never use it on a pending or unregistered mark.
- Misusing ® is a crime, not a technicality — up to three years’ imprisonment, a fine, or both.
- ® signals stronger rights — infringing a registered mark is directly actionable.
Frequently asked questions
Can I use the ™ symbol before applying for a trademark? Yes — ™ needs no application or registration; it simply signals that you intend to use the mark as your trademark.
When can I use the ® symbol? Only after the trademark is registered. Using ® on an unregistered mark is a punishable offence.
What’s the penalty for falsely using ®? Imprisonment up to three years, a fine, or both.
Is ® stronger than ™? Yes — ® denotes a registered mark, and unauthorised use of a registered trademark is directly actionable as infringement.
Useful official resources
- The Trade Marks Act, 1999
- Trade Marks Registry — IP India