Can You Use ™ Before Official Registration? Here’s What Indian Law Says 

Introduction

You’ve just finalized your brand name. Maybe it’s a quirky podcast title, a YouTube channel name, or even your new product line. You’ve designed the logo, bought the domain, and announced it on Instagram. Now comes the question that stumps many Indian creators and entrepreneurs:

Can you legally use the ™ symbol even if your trademark isn’t officially registered yet?

Let’s break it down clearly; yes, you can use the ™ symbol even if your trademark isn’t officially registered yet. But like most things in law, there’s a bit more to it than just a simple yes.

What Does ™ Mean Legally in India?   

Think of the ™ symbol as a flag. When you attach it to your brand name, you’re telling the world, “Hey, this name or logo is mine.” It’s not the same as having a registered trademark, but it signals your intent to claim ownership.

So, what does it mean when you see ™ next to a company name? It means the business believes it owns the mark—even if the Trademark Registry hasn’t officially approved it yet. It could be the name, logo, slogan, or even a product label.

In legal terms, using ™ shows that you’re in the process of claiming this identity, but it doesn’t automatically give you statutory rights.

Can TM Be Used Without Registering?   

Yes, absolutely. Under Indian law, you don’t need to wait for a registration certificate to use the ™ symbol. You don’t even need to have applied yet.

But here’s the catch: using ™ doesn’t protect you legally if someone else registers your mark before you do. It’s a public claim, not legal ownership. You’ll still need to prove usage, distinctiveness, and ideally, show that you filed first.

If you’ve started using your brand publicly, it’s smart to file for trademark registration as soon as possible; and then use ™ with confidence.

What Is the Meaning of TM Registration?   

When we say “TM registration,” we’re talking about the formal process of applying for a trademark under India’s Trade Marks Act, 1999.

Once registered, your brand enjoys nationwide protection. You also get the right to use the ® symbol, which signals to the world that your trademark is not just claimed—it’s legally recognised.

So while anyone can use ™, only those with an approved registration certificate can use ®.

What’s the Difference Between ™ and Registered (®)?   

Here’s a quick side-by-side comparison between ™ and Registered (®):

Using ™ is like putting a “Reserved” sign on your brand. Using ® is like getting the lease signed and stamped.

What Does the Law Say About Using ™?   

According to India’s Trade Marks Act, 1999, only the ® symbol is legally restricted. That means using ® without official registration is an offense.

But there’s no such restriction on ™. You can use it at any stage; before filing, after filing, or while your application is pending. The law does not require approval for the ™ symbol.

Why Use ™ Before Registration?   

You might wonder, if it doesn’t guarantee protection, why use it at all?

Here’s why many brand owners and creators choose to display ™ early:

• To show intent to own: It tells others you’re serious about the brand.

• To signal professionalism: Customers often associate ™ with legitimacy.

• To discourage copycats: Even if it’s not registered yet, it can make people think twice.

Still, using ™ without filing is risky. It gives you no real legal ground if someone else applies before you. Filing your trademark strengthens your claim.

What Happens If You Use ® Before Registration?   

Using the ® symbol without a valid trademark registration is punishable under Section 107 of the Trade Marks Act. It’s considered misleading the public and could lead to fines or legal action.

The bottom line: wait for your registration certificate before using ®.

When Can You Use the ® Symbol?   

You can only switch from ™ to ® once:

• Your application is examined and accepted

• Any objections or oppositions are cleared

• You receive your official Trademark Registration Certificate

Only then are you legally allowed to use the ® mark in India.

Risks of Using ™ Without Filing   

Even though it’s legal to use ™ without applying, doing so isn’t foolproof. Here’s what can go wrong:

• Someone else files before you and gets the registration

• You may lose rights if you can’t prove consistent use

• It weakens your legal position in a dispute

To avoid these issues:

• File early: don’t wait for your audience to grow

• Keep proof: emails, social posts, packaging, website screenshots

Conclusion: Play Smart with Your Trademark Symbols   

Using the ™ symbol is legal in India; even before you register. It’s your way of saying, “This brand is mine.” But that alone won’t hold up if someone else registers before you.

So, be strategic:

• Use ™ to claim your space

• File early to protect it

• Wait for registration before switching to ®

• Never use ® without legal approval

Suggested Read :

How do you protect a phrase prior to filing for a Trademark?

7 Reasons Why You Need A Trademark Registration

FAQs on Trademark Registration in India

How to E-Register Trademark and Protect Your Intellectual Property?

FAQs: Using ™ and ® in India