Trademark Symbols: ® vs. ™ – Which One Can You Use?

It is important for businesses looking for to protect their trademarks to understand the difference between the trademark symbols ® and ™. In addition to offering legal benefits, using the right symbol alerts third parties to your trademark rights. You’ll learn when and how to use these symbols properly with the help of this guide.

The circular R (®) and the small capital letters TM (™) are the two primary trademark symbols. Once your product or service (namely, a brand name, logo, or slogan. Logos)  has been successfully registered through the trademark office, you may only use the circled R (®). In the meantime, while your trademark application is being processed, you can use the TM (™) symbol for trademark law protection.

The ™ Symbol

What is the ™ Symbol?

The ™ symbol stands for “trademark”. It is used to indicate that a word, logo, or phrase is being claimed as a trademark by a MSME, business, Organisation, Firm or individual. This symbol can be used without any formal registration.

When to Use the ™ Symbol?

You should use the ™ symbol when:

• You have not yet registered your trademark with the appropriate government authorities.
• Your trademark application is still pending.
• You are claiming rights to a common law trademark.
• You paid trademark fee and applied for TM

Advantages of Using the ™ Symbol

• Immediate Use: As soon as you submit an application to register a trademark, you can start using the ™ symbol.
• Brand Protection: It signals to others that you are asserting your rights over the trademark.
• Flexibility: It can be used on names, logos, slogans, and other marks.

Example

If you start a new company called “Star Shine” and begin using this name on your products, you can use “Star Shine™” to indicate your trademark claim.

The ® Symbol

What is the ® Symbol?

The ® symbol stands for “registered trademark”. It indicates that the trademark has been officially registered with the trademark office in your jurisdiction, such as the Intellectual Property India Office.

When to Use the ® Symbol?

You should use the ® symbol when:

• The relevant trademark authority has officially registered your trademark.
• You want to provide official notification that your trademark is registered.

Advantages of Using the ® Symbol

• Legal Protection: Registered trademarks receive stronger legal protection against infringement.
• Public Notice: It serves as public notice of your ownership and rights to the trademark.
• Credibility: It enhances the credibility and perceived value of your brand.

Example

Once your trademark like “Google, Tata, Mahindra,” is officially registered with the trademark office, you can use like “Google® “, Tata®, Mahindra® to indicate its registered status.

Key Differences Between ™ and ® Symbols

• Registration: ™ can be used without registration, while ® requires formal registration.
• Legal Standing: ® provides stronger legal protection and remedies in case of infringement.
• Usage: ™ is used for both registered and unregistered trademarks, while ® is exclusively for registered trademarks.

Legal Implications

Using the ™ Symbol

Using the ™ symbol does not carry legal implications regarding registration but can help establish common law rights in your trademark.

Using the ® Symbol

Using the ® symbol without official registration is illegal and can result in penalties. It is essential to ensure that your trademark is registered before using the ® symbol.