The short answer
You can use the ™ symbol next to a brand name or logo at any time, including before you have filed anything. You may use the ® symbol only once the mark is actually registered in India. There is no application fee, form or permission needed to use ™; it simply tells the public that you claim the mark as yours.
What ™ does and does not do
The ™ symbol is a notice, not a right. It does not give you the statutory protection of a registered mark and it does not stop anyone else from applying for the same name. Its value is practical: it signals that the brand is claimed, which discourages casual copying and helps you show later that you adopted the mark openly and in good faith. Filing the application, and using ™ from that date, is the sensible combination.
When ® becomes available
The registered-trademark symbol is for marks that have completed the process and are on the register. A pending application, even one that has been accepted and published, is not a registered mark yet. Wait for the registration certificate. The symbol should also be used only for the goods or services that the registration actually covers, and only for the mark as registered, so a registered word mark does not automatically make a particular logo version a registered mark.
Using ® too early is an offence
Section 107 of the Trade Marks Act, 1999 makes it an offence to falsely represent a trademark as registered. The penalty can include imprisonment, a fine, or both, and the representation does not have to be a literal claim in words; using the ® symbol next to an unregistered mark can be enough to create the impression. Beyond the statutory risk, an opponent can point to premature use of ® as evidence of careless or bad-faith conduct in a dispute.
Using the symbols well
Place the symbol at the upper right of the mark, the first and most prominent time it appears on a page, label or listing, rather than on every occurrence. Use the same mark form consistently. If you own several marks, keep a simple table recording each one, its class, its status (pending or registered) and the symbol that may be used, and brief whoever designs your packaging and listings so the wrong symbol does not end up on a label.
Treat the symbol as a reminder to file
If you are using ™ on a brand you care about and have not yet applied, you are protected only by your reputation and the law of passing off. Filing is inexpensive compared with packaging, signage and advertising, and the filing date fixes your priority. Search first, file in the right class, and move to ® the day the registration certificate is issued.
Note: this guide is general information, not legal advice for your specific matter. Rules, fees and registry practice change. Before acting, speak to us about your situation.