Registered Trademark (®) vs Unregistered Trademark (™)
Registered vs Unregistered Trademark — what protection do you actually get?
Overview
In India, you can use the ™ symbol on any mark you claim as your trademark — even without registration. But registration (®) gives you statutory rights, legal presumption of ownership, and the ability to sue for damages. Unregistered marks can only be protected under common law.
Head-to-Head Comparison
| Factor | Registered Trademark (®) | Unregistered Trademark (™) | Winner |
|---|---|---|---|
| Legal Presumption of Ownership | Yes — registration is prima facie evidence | No — must prove prior use and reputation | A wins |
| Right to Sue for Infringement | Statutory right under Trade Marks Act 1999 | Only through common law passing-off action | A wins |
| Damages | Entitled to statutory damages and account of profits | Must prove actual losses — harder | A wins |
| Border Enforcement | Can be recorded with Customs — stop infringing imports | Cannot be recorded with Customs | A wins |
| Public Notice | Listed in Trade Marks Journal — public awareness | No public notice | A wins |
| Nationwide Protection | Nationwide — valid across all India | Limited to regions where mark is known | A wins |
| Cost | ₹4,500–₹9,000 per class | Free (but vulnerable) | B wins |
Data updated for FY 2025–26. Regulations may change — consult a professional before deciding.
Which Should You Choose?
Choose Registered Trademark (®) if…
Register your trademark (®) to get statutory protection, the right to sue for infringement, and deterrence against copycats.
Get Registered Trademark (®)Choose Unregistered Trademark (™) if…
Unregistered trademark (™) provides limited common-law protection based on prior use. It is not a substitute for registration for any serious business.
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Talk to an Expert — FreeFrequently Asked Questions
Common questions about Registered Trademark (®) vs Unregistered Trademark (™)
Yes. You can use ™ (TM) symbol from the moment you file your trademark application, even before registration. Once registered, you switch to ® (R in circle). Using ® before registration is an offense under the Trade Marks Act.
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