Trademarks in India are creating a booming industry with 197,110 trademarks filed in the first half of 2025; the figure is just short of 3,000 from the United States. The solid growth hence reflects rising awareness among Indian startups, small businesses, and big corporations about charging for their brands.
Almost everyone is confused about the meaning, application, and legislation relating to trademark symbols such as ™, ®, and ℠. Legal issues may arise with misapplication, or the rights to your company may be diluted. This article tries to clear up all that Indian companies need to know about trademark signs, their application, and brand protection in today’s competitive business scenario.
What is a Trademark Symbol?
Trademark symbols are visual alerts—™ (TM), ® (R), and ℠ (SM)—after a brand name, logo, or slogan to indicate its legal status and claim of ownership. Trademark symbols in India are a public declaration of your rights and also act to deter potential infringers.
Types of Trademark Symbols in India
Let’s understand various trademark symbols and their usage and protection:
1. ™ (TM) – Trademark Symbol
Meaning: A TM symbol is used to claim a trademark over goods or services, although it is not officially registered with the Indian Trademark Registry.
Usage: Anybody and any business can start using ™ as soon as they are using a mark in business or applied for registration but before they are officially approved.
Legal Protection: While not statutory, it makes a public record of your mark and can prevent others from taking your mark.
Duration: You may use the TM symbol forever as long as you keep using the mark, even if you are pending registration.
2. ® (R) – Registered Trademark Symbol
Meaning: The symbol ® (a capital R enclosed in a circle) indicates that your trademark is registered with the Indian Trademark Registry under the Trademarks Act, 1999.
Usage: Apply ® only after your mark has been registered by the Controller General of Patents, Designs, and Trademarks. Applying it before registration is a violation of the law.
Legal Protection: Gives sole right to use the mark for registered goods/services throughout India. Infringement can be sued, injunctions can be sought, and damages can be recovered.
Duration: Registration is valid for 10 years and can be extended perpetually by paying renewal fees.
3. ℠ (SM) – Service Mark Symbol
Meaning: SM symbol is used for service marks, i.e., service brands, and not goods.
Usage: Although not as popular in India, SM can be used to claim rights to a service mark, especially before registration.
Legal Note: In India, both TM and SM are used for services and goods, but SM is still effective as a means of claiming rights to services.
Why Should Trademark Symbols Be Used in India?
Let us understand the need to use trademark symbols in India:
- Public Notice: Warns competitors and the public that you claim rights to a brand, logo, or slogan.
- Deters Infringement: Warns others that your mark is registered, decreasing the likelihood of misuse.
- Legal Leverage: Strengthens your argument in court disputes, especially if you have registered your mark and place the ® symbol on it.
- Brand Value: Helps to build trust and credibility with customers and business partners.
Legal Framework for Trademark Symbols in India
The use and protection of trademark symbols in India are governed by the Trademarks Act, 1999. The Act clarifies:
- The process of registering a trademark symbol
- Rights conferred through registration
- Remedy for trademark infringement
- Penalties for misuse of symbols
Observation: Misuse of the ® symbol in the absence of registration is an offense under Indian law and can result in fines or legal action.
Correct Use of Trademark Symbols
Below are the correct uses of trademark symbols and their legally accepted frequency of usage:
Position
- Place the symbol in superscript (upper right) or subscript (lower right) after the word, logo, or slogan (e.g., BrandName™ or Logo®).
- For logos, place the symbol at the bottom or top right corner.
Frequency
- Place the symbol at least once per document, advertisement, or site—usually on the first or most prominent use.
- Placing the symbol too many times will overbrand and confuse you; be strategic and consistent.
When to Use Each Symbol
Before using, you must first be able to understand each trademark symbol individually:
- ™: As soon as you start using a mark in trade or make an application for registration.
- ®: Official registration alone is granted.
- ℠: For service marks, especially prior to registration (optional in India).
Legal Protections and Benefits
Here are the legal protections and advantages of trademark symbols:
1. Exclusive Rights with ®
Once you have registered, you have the sole right to use the mark on the registered goods/services in India. You can stop others from using identical or confusingly similar marks and bring proceedings for infringement.
2. Infringement Remedies
If someone uses your registered trademark illegally, you may ask:
- Injunctions to forestall use
- Monetary damages or account of profits
- Seizure and destruction of infringing goods
3. Common Law Rights with ™ and ℠
Even if your trademark is unregistered, use of ™ ℠ helps establish prior use and can help support a “passing off” action in court. Statutory protection is better served by registration, though.
Penalties for Trademark Symbol Abuse
Let us have a look at the penalties you may incur if you use the trademark symbol illegally:
- Use of ® without registration: Illegal and could result in fines, penalties, and loss of reputation. It could also weaken your case in court in the event of infringement.
- Improper use of TM or SM: While illegal, this can lead to conflicts if you wrongly claim rights over a mark that you never had or did not register.
- Deceiving the public: Using signs so as to deceive customers or business competitors can be challenged as an unfair trade practice.
Trademark Registration Procedure in India
Here’s how you can register for a trademark in India:
- Trademark Search: Ensure your mark is new and not registered yet.
- Application Filing: Submit your application to the Indian Trademark Registry.
- Examination: The Registry examines your application for conflict or legal issues.
- Publication: The mark is published in the Trademark Journal for opposition.
- Registration: If there are no objections, your mark is registered and you can use the symbol ®.
- Renewal: Renew every 10 years to maintain protection.
- Fees: Government fees start at ₹4,500 for individuals and ₹9,000 for businesses per class, not including professional/legal fees.
What Cannot Be Registered as a Trademark in India?
These are the symbols that cannot be registered as a trademark in India:
- Generic or descriptive words commonly used in India
- Offensive or prohibited symbols (e.g., Indian Flag, National Emblem)
- Shapes being functional or having substantial value to the products
- Names or marks already registered by someone else
Also Read: How to Register a Trademark Without a Company in India?
Conclusion
Trademark symbols are not only lawful markings—they are efficient ways of protecting your brand, inhibiting infringement, and establishing trust within the Indian market. Be it using ™, ®, or ℠, you should familiarize yourself with their meaning, correct usage, and legal consequences to all Indian business owners in 2025. Register your trademark to ensure utmost protection and consult a trademark attorney for compliance and enforcement advice.
Frequently Asked Questions (FAQs)
1. What does the ™ symbol mean in India?
The ™ symbol is used to assert a trademark without actually registering it. It provides very minimal protection and is primarily a notice to the public of that assertion.
2. Can I use the R symbol on my trademark if I am not registering it in India?
No. The R symbol in respect of unregistered marks is illegal and punishable with fines or other penalties under Indian law.
3. How much time in India does the registration of a trademark really take?
The registration of a trademark takes anywhere from 12 to 24 months, depending on objections, oppositions, and processing.
4. What is the difference in India between TM, SM, and ®?
TM is for an unregistered trademark for goods or services; SM is for a service mark; ® is for a registered trademark under fully enforceable laws.
5. What shall I do if my trademark is being infringed upon by someone?
You may serve notice under the law, sue for infringement, and apply for injunctions and damages to protect your rights.
6. Is registration of trademarks compulsory in India?
No, it is not. Registrations hold superior legal protection and sole right, as well as easier enforcement over an unregistered mark.
