Trademark guides
Short, plain answers to the questions we hear most.
™, SM, ® and ©: what each symbol means
Trademark
Shows that you claim the name or logo as your trademark. You may use it whether or not you have applied, and while your application is pending.
Service mark
The same claim for a service brand. It is common in the US; in India ™ is generally used for services too.
Registered
Use only after the mark is registered, and only for the goods or services it is registered for. Using ® for an unregistered mark is an offence under the Trade Marks Act, 1999.
Copyright
A copyright notice for original works such as a logo design, text or artwork. Copyright arises automatically; registration with the Copyright Office is optional but gives useful evidence.
For a US registration, use ® only after the USPTO has registered the mark. An Indian registration does not allow use of ® in the US.
Who can apply for a trademark in India
| Owner | In whose name the application is filed |
|---|---|
| Individual | The individual |
| Joint owners | All the owners together |
| Sole proprietorship | The proprietor, trading under the business name |
| Partnership firm | All the partners, trading as the firm |
| LLP or company | The LLP or company itself |
| Trust or society | The trust or society, through its authorised person |
| Foreign business | The business itself, with an address for service in India |
Good to know
- You do not need to be using the mark yet; you can apply on a "proposed to be used" basis.
- Individuals, DPIIT-recognised startups and MSMEs (with Udyam registration) pay the lower government fee of ₹4,500 per class.
- The owner's name must match official documents exactly.