In most countries, including India where the Controller General of Patents, Designs and Trademarks (CGPDTM) is responsible for managing trademarks, the “®” symbol can only be used once the trademark application has been approved and the mark has been officially registered with the relevant trademark office.
In India, the use of the ® symbol is governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. Section 23 of the Act provides that a registered trademark owner has the exclusive right to use the trademark in relation to the goods or services for which it is registered. Rule 63 of the Trade Marks Rules, 2017 specifies that the ® symbol can be used only in relation to registered trademarks and not for trademarks that are unregistered or for which registration is pending.
It’s important to note that the use of the ® symbol without proper authorization could result in legal consequences, such as infringement claims or penalties for false representation. Therefore, it’s advisable to wait until the trademark registration has been approved before using the ® symbol.