Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
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Ever wondered what the ™, ®, and © symbols on logos, brand names, and creative works really mean? If you’re starting a business or building a brand in the UK, getting these symbols right is crucial-both for your reputation and legal protection.
Maybe you’re prepping a new logo and want to signal your ownership, or you’ve spotted competitors using the “TM” or “R in a circle” next to their name and you’re asking: “Do I need this? Is it legal? What’s the difference?”
Don’t stress-understanding these intellectual property icons isn’t as complicated as it sounds. In this article, we’ll walk you through what each symbol actually does, how and when to use them, legal issues to watch out for in the UK, and practical tips for staying protected from day one.
Still not sure which to use? Here’s a quick breakdown of Trademark vs Copyright for your business.
Why Do These Symbols Matter?
Intellectual property symbols are far more than decorative visuals. They're public signals of your legal rights-whether you’ve created original content, designed a logo, or developed a business name. They also warn others that you’re serious about protecting what makes your business stand out. But it’s important to use the right symbol in the right context. Using the wrong one (for example, putting the registered trademark symbol on something that isn’t registered) could not only mislead customers, but land you in legal hot water.What Is the ® (Registered Trade Mark) Symbol?
The ® symbol (often called the “R in a circle”) is used to signify that a trade mark has been officially registered with the UK Intellectual Property Office (or the equivalent body in another country).- What can be registered? Trade marks can be words, logos, brand names, shapes, sounds, colours, and even unusual “signs”.
- When should you use it? Only use the ® symbol once your trade mark is registered. If you’re still applying, or only using it informally with your brand, it’s not appropriate to use ®.
- How is it used? You’ll often see ® next to logos, product names, or taglines. For example: “SnazzyBeans®” or “SwiftCleaners®”.
Can You Use ® Without Registering?
No-using the registered symbol without an official registration is illegal in the UK. This is a strict rule, and breaking it could potentially result in penalties or damage to your credibility. If you’re curious about the process, check our guide on how trade mark registration works in the UK.How Long Does Trade Mark Registration Last?
In the UK, a registered trade mark generally lasts 10 years from the filing date. After that, you can renew it for additional 10-year periods, provided you continue using it and pay the renewal fees.What Is the ™ (Trade Mark) Symbol?
The ™ sign (that’s “TM” in small text) indicates that you are asserting trade mark rights over a brand, logo, or name, even if it’s not registered.- It’s often used by new brands, businesses testing unique names, or anyone who wants to signal their claim before formal registration.
- Unlike ®, there are no strict legal restrictions on using ™-it simply means “I claim this as my trade mark”.
- You’ll frequently see companies using “TM” beside their logo or name before registration is complete.
How Do I Make the TM Sign?
- In text: Type (TM), or use superscript formatting (™), available on most word processors.
- On Windows: Hold Alt and type 0153 (numpad).
- On Mac: Press Option + 2.
- Or simply copy & paste: ™
What Is the © (Copyright) Symbol?
The © symbol (copyright sign) is used to indicate that a work is protected by copyright. This applies to creative, original works: think books, reports, songs, paintings, blog posts, training materials, and software code.- It’s a way of announcing “this is my original work, covered by copyright law”.
- Unlike trade marks, copyright arises automatically in the UK when an original work is created-there’s no need to formally register (registration is optional for certain categories).
- The © symbol is often followed by your name/business name and the year: © 2024 Sprintlaw Ltd.
- Written reports and business documents
- Marketing copy and website content
- Art, music, and videos
- Software and designs
What’s The Difference Between TM, R, And Copyright Symbols?
The ™, ®, and © signs might appear similar at first glance, but they protect different types of intellectual property and operate under distinct UK legal frameworks.| Symbol | What It Means | When To Use It | What’s Protected? | How To Get It |
|---|---|---|---|---|
| ™ (TM sign) | Claim to a (potential) trade mark (unregistered) | If you’re using a brand name/logo & want to claim trade mark rights-before or during registration | Logos, names, branding elements | Just use it (no official process) |
| ® (Registered sign) | Officially registered trade mark | Once your trade mark is registered with the UK IPO | Words, logos, shapes, sounds, colours | Requires application and acceptance from the IPO |
| © (Copyright sign) | Copyright over creative/original work | On original works (writing, music, code, art, etc.) | Creative works and material | Arises automatically upon creation |
Why Does It Matter Which Symbol You Use?
Using the correct symbol isn’t just about looking professional; it’s about making sure your claims are legally accurate. Here’s why it matters:- Legal accuracy: Using the ® sign without formal registration is illegal in the UK. It can result in fines or a demand to stop using the mark.
- Public notice: The correct symbol tells customers (and competitors) what type of rights you’re claiming, and what you’re willing to enforce.
- Enforceability: If you end up in a dispute, correctly using these symbols can help prove that you took steps to protect your intellectual property (find out more about protecting your IP).
- Avoiding confusion: Misusing the symbols could confuse your customers-and damage your reputation or trust in your brand.
How Can You Register A Trade Mark Or Copyright?
Registering a Trade Mark
- Create a distinctive name, logo, sound, or brand identifier.
- Apply to the UK Intellectual Property Office for trade mark registration (note: there’s a fee, and you’ll need to specify classes of goods/services).
- If the trade mark is accepted and uncontested, you’ll receive official registration-and then you can use the ® symbol.
- Find out more about the process in our guide to starting a business in the UK.
How About Copyright?
- Copyright protects your work automatically the moment you create it, as long as it’s original and written down/performed/recorded in some way.
- You can optionally register copyright in certain situations (like for films, music, or international disputes), but it’s not required in most cases.
- Display the copyright sign ©, your name, and year to put others on notice that you own the work.
What About Other IP Symbols?
- ℠ (Service Mark): Mainly used in the US for unregistered service brands. Not commonly used in UK law.
- ℗ (Phonogram/Copyright in Sound Recordings): Used for audio recordings, but rarely used in everyday business contexts.
- © + ® together: Sometimes, businesses use both-especially if a logo is both original art (copyright) and a registered brand. Use both if applicable, but don’t assume one replaces the other.
Common Questions: Trade Mark, TM, and Copyright Symbols in the UK
Can I Use The TM Sign Without Registering?
Yes, you can use the TM symbol any time you want to warn others that you consider a logo, phrase, or name as your trade mark-even before or during the registration process.Is “TM” Enough Legal Protection?
No. TM puts people on notice, but it doesn’t give you the full legal powers of a registered trade mark in court. For stronger protection, make sure you register your trade mark and then switch to the ® sign.Can I Copyright A Logo?
Yes-you generally hold copyright in original logo designs as artistic works. However, copyright only protects against copying the exact logo, not similar names or confusingly similar brands. For that, you’ll want trade mark registration as well.Can Two Brands Have The Same TM Symbol?
Yes. Because anyone can use the ™ symbol, it’s possible multiple businesses may claim the same name or logo as their “TM”-which is precisely why registration is so important!Legal Risks: Don’t Get Caught Out!
While using the correct symbol won’t guarantee bulletproof protection, using the wrong symbol can get you in trouble:- Using ® without registration: Illegal under UK law. Potential fines and loss of trust.
- Pretending copyright where you don’t own the work: Misleading the market and could be a breach of law.
- Not claiming your rights: If you don’t use any symbol or register, you may struggle to stop others copying or piggybacking off your brand or material.
Practical Tips: How To Choose & Use IP Symbols
- Use ™ beside your brand name, logo, or product tagline as soon as you start using it.
- Apply for trade mark registration early if you want exclusive rights. Once registered, upgrade the symbol to ®.
- Add ©, your business name, and year to creative works (such as written guides, graphics, website text) to assert copyright.
- If you’re unsure which rights you hold or how to enforce them, speak to an IP lawyer for tailored advice.
Key Takeaways
- The ® symbol is only for trade marks officially registered with the UK IPO (not just applications or informal use).
- The ™ symbol is a way to stake your claim on a brand or logo even if it’s not registered-helpful, but does not replace formal registration.
- The © symbol protects original creative works (writing, designs, music, code) and confers copyright automatically in the UK.
- Using the correct symbol warns the public and helps prove your rights-but always make sure your use is accurate and legally valid.
- Trade mark registration gives the best protection for brand names and logos-while copyright secures the underlying creative work.
- Get tailored legal advice if you’re unsure which steps to take or symbols to use-penalties for using the wrong symbol can be severe.
