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Preface: This post was originally published in 2022 and has been updated on September 17, 2025, to provide you with the most current and accurate information.
Many people believe that the symbols “™” and “®” can be used interchangeably since they’re both related to intellectual property rights. However, they’re mistaken in believing this. Both the symbols serve a different purpose and cannot be used interchangeably. In this blog post, we shall explain the difference between Trademark (™) and Registered Mark (®).
TM is a symbol that can be used for a phrase, logo, word, or design of a product by the company to indicate that it plans to register the same with the trademark registry. This symbol has no legal significance in itself. Thus, there is no mandatory requirement to put it beside your brand name or logo. However, it is important to place this symbol as it acts as a warning for the infringers and counterfeiters.
It indicates that a trademark application with respect to the mark already exists with the trademark department, so any third party must think twice before using it. This symbol is used till the time the applied mark is not registered under the Trademark Act 1999. One thing to be noted here is that when the trademark is being used in respect of services, the Service mark (SM) must be used instead of the trademark (TM).
If you have obtained the trademark registration, it is the time for you to show it off to the world by putting the ® Symbol on your brand name or logo. According to the rules stipulated in trademark act 1999, once the trademark is registered, the owner is empowered to use the ® symbol next to the trademark.
The ® symbol is the indicator of the fact that the trademark is registered and enjoys protection from infringement under the Trademark laws. However, the applicant of the trademark is not empowered to use the ® symbol without obtaining the registration and just by making an application.
It will be considered unlawful to do so. It is not legally mandatory to put the ® on your goods and services. However, if you are not a well-known brand, it is important for you to use this symbol. This is because in case of a dispute without the symbol you will lose your right to recover lost profits and money damages unless you can prove that the infringer had actual knowledge of your trademark being registered prior to his activity.
The difference between trademark and registered mark can be understood with the help of the following points:
The ™ symbol is used when the trademark is pending for a specific product or service. However, the ® symbol can only be used once the trademark has been registered successfully with the Trade Mark Registry.
The ™ symbol doesn’t grant any legal rights by itself. With that being said, it does provide a major advantage by serving as a public notice of a company's claim to ownership of a mark. When we talk about the ® symbol, it is protected by the law and if copied, the infringer is punished.
The ™ symbol is often used by companies, associations or individuals to represent their brand while the trademark registration’s approval is still pending. After the grant of the trademark registration’s approval, using the ® symbol helps to strengthen the brand’s value and builds trust among the customers.
In the world of IPR, both trademark and registered mark are essential. While the ™ symbol indicates that a company claims ownership of a mark but the mark is not yet registered, the ® symbol indicates that the mark has been officially registered with the Trademark Registry. Need help in trademark registration? Connect with our experts at Registrationwala for guidance! We’ll guide you regarding all the essential steps that need to be fulfilled.
Q1. What does the ™ symbol indicate?
A. The ™ symbol indicates that a company claims a mark’s ownership and may have applied for TM registration but the mark is not yet officially registered with TM registry.
Q2. What does ® symbol indicate?
A. The ® symbol indicates a mark has been officially registered with trade mark registry.
Q3. How do the trademark symbol “™” and registered mark symbol "®" differ?
A. Trademark "™" means that there's a pending or unregistered claim over a mark while a registered mark "®" is used after successful trademark registration and comes with legal protection.
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