Three intellectual property symbols — ™, ® and © — appear on products, websites, logos and documents across India. But many business owners confuse them or misuse them, which can create legal problems. This guide explains exactly what each symbol means, when you can legally use it, and what happens if you misuse it.
™ — The Trademark Symbol (TM)
The ™ symbol (TM) is used to indicate that you are claiming trademark rights over a name, logo, or tagline. It signals to the public and competitors that you consider this mark to be your trademark — even if formal registration is not yet complete.
When can you use ™ in India? You can use the ™ symbol from the moment you file your trademark application on the IP India portal. You do not need to wait for examination, approval, or the Registration Certificate. The ™ symbol can also be used on unregistered marks in India, though the legal protection of an unregistered mark is much weaker.
Legal effect: The ™ symbol does not give you registered trademark rights. It simply puts the public on notice of your claim. Legal enforcement of an unregistered mark in India relies on the common law remedy of "passing off" — which requires proving prior use, reputation, and actual deception of consumers.
® — The Registered Trademark Symbol
The ® symbol means the trademark is officially registered with the Trade Marks Registry of India. Only holders of a registered Indian trademark may use the ® symbol in connection with that registered mark.
When can you use ® in India? Only after receiving the Registration Certificate from the Trade Marks Registry. This typically takes 18 to 24 months from the date of application, subject to examination and no opposition.
What happens if you use ® without registration? Using the ® symbol on goods or services before your trademark is officially registered is a criminal offence under Section 107 of the Trade Marks Act, 1999. It can attract a fine and imprisonment. Never use ® merely because you have filed an application — use ™ until you receive the registration certificate.
© — The Copyright Symbol
The © symbol indicates that a work is protected by copyright. Unlike trademark, copyright protection in India arises automatically from the moment of creation of an original work — no registration is required.
What works can carry ©? Literary works (books, articles, software code), artistic works (paintings, photographs, logos), musical works, sound recordings, cinematographic films, and broadcasts.
When to use ©: You can place the © symbol on any original work you have created, even without formal registration. The standard format is: © [Year] [Author/Company Name]. For example: © 2025 Idealize Advisory Services.
Does registration help? Yes. While not mandatory, registering copyright through the Copyright Office (copyright.gov.in) provides prima facie evidence of ownership and publication date — critical in infringement disputes.
Quick Reference Summary
| Symbol | Meaning | When to Use | Misuse Consequence |
|---|---|---|---|
| ™ | Trademark claim (registered or unregistered) | From date of TM application or even before | No penalty for honest use |
| ® | Registered trademark (official registration only) | Only after receiving Registration Certificate | Criminal offence under Section 107 TM Act |
| © | Copyright — original creative work | From moment of creation — no registration needed | No penalty for good faith use |
The most common — and legally dangerous — mistake is using ® before trademark registration is complete. If you are currently using ® on your products or website without having received a Registration Certificate, contact us immediately. WhatsApp us →