The ™ symbol
™ signals that you claim the word or logo as your trademark. You can use it as soon as you adopt the mark, and it is common to start using it once the application is filed. It has no legal formality attached.
The ® symbol
® means the mark is registered. You may use it only after the Registry has registered the mark and only for the goods or services covered by the registration.
What if I use ® too early?
Falsely representing a mark as registered is an offence under the Trade Marks Act and can attract a fine and imprisonment. It can also hurt you in a later dispute, because it shows a false claim. Switch from ™ to ® only once you have the registration certificate.
Do I have to use either symbol?
No. Neither is compulsory, but using them puts others on notice and discourages copying.
This guide explains the general position in India. Fees and rules change; your facts may change the answer. Speak to us before acting on it.