Difference Between TM and R Symbol in Trademark

Trademarks help businesses distinguish their products and services in the market, but many owners are unclear about the difference between TM (™)  and R(®) symbols. The TM symbol is generally used for unregistered or pending trademarks, while the ® symbol can be used only after trademark registration is completed. Understanding when and how each symbol should be used is important to ensure correct trademark usage and avoid legal issues in India.

What does the TM (™) symbol mean?

A TM (™) sign denotes an unregistered trademark and is commonly used to advertise or brand products when a trademark application has been filed, but registration is still pending. Companies may use the trademark superscript ™ after text, logos, or other brand elements they claim as their own, but that have not yet been formally registered with the trademark authority.

In some cases, businesses also use the TM symbol to indicate first use of a mark or to show that they intend to seek registration. From a business perspective, the TM symbol signals that the owner believes the brand identity is unique, which explains part of the difference between TM and R in trademark usage.

What does the ® (Registered) symbol mean?

The ® symbol indicates that a trademark has been officially registered with the Trademark Registry under the Trade Marks Act, 1999. It can be used only after the trademark registration is granted and the mark is entered in the Register of Trademarks.

Using the ® symbol gives the trademark owner statutory rights, including the ability to take legal action against infringement. Using the ® symbol without a registered trademark is not permitted and may attract penalties under Indian trademark law.

Difference Between TM (™) and R (®) Symbols

The TM and ® symbols are often used interchangeably, but they convey very different meanings in trademark law. Understanding the difference between TM and R helps businesses use the correct symbol and avoid legal issues.

Usage

The ® symbol can be used only after a trademark is successfully registered with the Trademark Registry. It confirms that the trademark has legal recognition and statutory protection.

The TM symbol, on the other hand, is used when a trademark application is pending or when the mark has not yet been registered. In such cases, the ® symbol cannot be used, as the trademark is still under examination.

This distinction explains the practical TM vs R usage seen across brands.

Legal Protection

The TM symbol does not provide statutory legal protection by itself. It mainly serves as a public notice that the business claims rights over the mark based on usage.

The ® symbol indicates that the trademark is legally registered and protected. If someone uses or copies a registered trademark without permission, the owner can take legal action under trademark law in India. This legal backing is a key difference between TM and R in India.

Branding Perspective

Businesses often use the TM symbol while waiting for trademark registration to be completed. It helps establish brand identity and signals ownership during the early stages.

Once a trademark is registered, using the ® symbol strengthens brand credibility and allows businesses to confidently build long-term brand value around their intellectual property. This is why many established brands prominently use the ® symbol in their logos and packaging.

Common Mistakes When Using TM and ® Symbols

One of the most common mistakes is assuming that TM and ® mean the same thing. Using the ® symbol without completing trademark registration can lead to legal consequences.

Another frequent issue arises during the trademark registration process itself. Many applicants choose trademarks that are descriptive or similar to existing marks, increasing the risk of rejection. Conducting a proper trademark search before filing is essential to avoid conflicts and future changes.

Understanding how trademarks work and how to register a brand name correctly makes it easier to use trademark symbols appropriately and protect brand identity from the start.

Conclusion

The difference between TM and R lies primarily in trademark registration status and the level of legal protection they offer. While TM is used to indicate ownership of an unregistered or pending trademark, the ® symbol can be used only after a trademark is officially registered and protected under law. Using these symbols correctly helps businesses avoid legal risks and communicate trademark status clearly. Once a trademark is approved, completing the online trademark registration process allows businesses to legally use the ® symbol and secure exclusive rights over their brand.