The core difference between TM and ® is this: TM is merely the user's self-declaration that "this is a trademark," and may be used on any unregistered sign; ® is the statutory registration symbol, which only a registered trademark with a Trademark Registration Certificate may bear. Using ® on an unregistered trademark constitutes passing off an unregistered trademark as registered and carries administrative liability.
The TM Symbol
- TM is the abbreviation of "Trademark," originating from the commercial practice of the common-law system.
- Under Chinese law, TM has no statutory meaning: using TM confers no rights and is subject to no restrictions.
- In practice, enterprises often mark TM on trademarks that have been applied for but not yet approved, signaling to the market and competitors that rights have been claimed.
The ® Symbol
- ® is the statutory registration symbol, with the same effect as the words "registered trademark."
- Only the registrant of a trademark approved for registration by the CNIPA is entitled to mark ® on the approved goods or services, and the marked specimen must match the registration certificate.
- Marking ® on an unregistered trademark constitutes passing off as a registered trademark; under Article 52 of the Trademark Law, the market regulation authorities shall stop the act, order correction within a time limit, and may impose a fine.
Points to Note in Use
- An acceptance notice is not a registration certificate — marking ® upon receiving only the acceptance notice still constitutes passing off as a registered trademark.
- A registered trademark may bear ® only within the scope of its approved goods or services; use beyond that scope may likewise be found non-standard.
- After a registered trademark is cancelled, invalidated, or expires without renewal, ® may no longer be used.
- The symbol is conventionally placed at the upper-right or lower-right corner of the trademark — an international practice, not a mandatory rule.
Summary
TM may be used while an application is pending; ® may be used only after registration is approved. Proper use of the registration symbol is both a declaration of rights and a compliance obligation.
If you are facing the issues above, you may first engage trademark agency registration services on MyTMBee and confirm feasibility before deciding whether to file, so as to avoid wasting official fees on a blind application.