TM is the abbreviation of the English word Trademark. It is common on goods, packaging, and e-commerce pages, and is understood by many operators as a sign that the "trademark is registered." But under Chinese law, TM has not been given any statutory meaning: it neither creates trademark rights nor proves registration status. What has legal meaning—and use restrictions—is the registration symbol "®" and the words "registered trademark."
The Legal Nature of TM
Neither the Trademark Law nor its Implementing Regulations contains any provision on "TM." Therefore:
- It creates no rights: marking TM confers no trademark rights automatically; the exclusive right to a trademark still derives solely from approved registration;
- It proves no status: TM indicates neither that an application has been filed, accepted, or registered—anyone may use it;
- It is not in itself passing off: because TM is not a registration symbol, marking TM on an unregistered trademark generally does not constitute passing off as registered.
Note that the absence of legal meaning for TM does not mean it can be used arbitrarily. If "TM" is accompanied by statements such as "registered trademark," "well-known trademark," or "the best," the conduct may respectively fall within the regulation of passing off as registered, false advertising, or advertising law.
Boundaries of Use
- Common situations where TM may be used: where the trademark has been applied for but not yet approved, has not yet been applied for, or is registered in some classes but used in other contexts; TM serves as a prompt that "this is a brand identifier";
- Conduct that should not occur: marking ® on an unregistered trademark, marking "registered trademark," or using circled-letter registration symbols—this constitutes passing off as registered;
- Recommended practice: for registered trademarks, mark ® or "registered trademark"; for unregistered ones, use TM or simply no symbol, to avoid misunderstanding.
Legal Consequences
Article 52 of the Trademark Law provides that passing off an unregistered trademark as registered, or using an unregistered trademark in violation of Article 10, shall be stopped by the local department for industry and commerce administration, with a deadline for correction; a public notice may be issued, and a fine of a certain amount may be imposed. Beyond administrative liability, passing off as registered may be deemed false or misleading commercial publicity, incurring liability under the Anti-Unfair Competition Law, and may also become material for an opponent's claim of unfair competition.
Common Pitfalls
- Believing that acceptance of the application permits ®: acceptance is not approval; registration symbols may be used only after approved registration;
- Believing TM is a trademark mark recognized by Chinese law: TM is not a statutory registration symbol in China; its meaning comes mainly from overseas practice;
- Believing ® can be placed anywhere on a page: the registration symbol should correspond to the registered trademark and be marked at the upper-right or lower-right corner of the trademark as required.
Practical Tips
In cross-border e-commerce, markets such as the United States have their own rules on when TM and ® may be used, but products sold into mainland China should be handled under Chinese law: TM when unregistered, ® after registration. After approval, promptly unify the symbols on online pages, packaging, and materials to avoid inconsistencies such as "registered but still marked TM" or "® before registration"—the former wastes the opportunity to declare rights, the latter creates compliance risk.
The practical judgment behind these concepts must be tailored to the individual case; before proceeding, you may book a registered agent via MyTMBee for targeted analysis.