Many business owners often ask, “When can I use (TM) symbol in India?” The (TM) symbol, short for Trademark, indicates that you claim ownership of a brand name, logo, or slogan. Importantly, you can use the TM symbol even before obtaining legal trademark registration. It shows the public that you consider your mark as your intellectual property and want to protect it from misuse.
When Can You Use the (TM) Symbol?
You can use the (TM) symbol as soon as you start using your brand name or logo in business. Unlike the ® (Registered) symbol, which requires government approval, the TM mark can be used by anyone who wishes to claim rights over their brand.
For example:
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If you launch a new food brand called Healthy Bites, you can immediately write Healthy Bites™.
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Even before applying for trademark registration, you can still use the symbol to notify others that you are claiming ownership.
Is It Mandatory to Register Before Using (TM)?
No, registration is not mandatory to use the symbol. However, applying for trademark registration strengthens your claim legally. Without registration, you may face challenges in proving ownership during disputes. So while you can freely use (TM), it is always advisable to apply for official protection through the Trademark Registry of India.
Difference Between (TM) and (R) Symbol
Many people confuse TM with the ® symbol. Here is the difference:
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TM (Trademark): Can be used without registration, as a claim of ownership.
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® (Registered Trademark): Can only be used after official trademark registration approval from the government.
Using ® without registration is illegal and can attract penalties. Therefore, use (TM) until your application is approved.
Why Should You Use the (TM) Symbol?
Using the TM symbol provides several advantages:
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It warns competitors not to copy your brand.
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It strengthens your claim if someone disputes your ownership.
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It enhances credibility and brand value among customers.
Conclusion
So, when can I use (TM) symbol? The answer is simple: you can use it immediately when you start using your brand name, logo, or slogan in business. Although registration is not compulsory, applying for a trademark gives you stronger legal protection. Until then, (TM) serves as your first step toward safeguarding your brand identity.
👉 Want to register your trademark and get exclusive rights? Apply for Trademark Registration with Us.