™ vs ® Symbols: Using Trade‑Mark Signs Correctly

You’ve probably seen those little “™” and “®” symbols popping up next to business names and logos everywhere – from product packaging to website footers and even across social media profiles. But what do they really mean? And more importantly, when should you use each one to protect your brand and stay on the right side of the law in the UK?

The world of trade marks can feel confusing, especially if you’re just starting out or exploring how to safeguard a business idea. In this article, we’ll demystify the meaning behind the ™ and ® symbols, highlight when and how to use them, explain the legal significance of each, and flag common pitfalls small business owners run into when choosing their trade mark signs. Setting up your brand’s legal foundations right from the start is key – so keep reading to find out how to use these powerful symbols confidently and correctly.

What Do the ™ and ® Symbols Actually Mean?

Let’s start by breaking down these trade mark signs:

• ™ (the ‘TM’ symbol): Short for “trade mark”, the TM symbol is often used by individuals and businesses to signal that they consider a word, phrase, logo, or tagline to be their trade mark – even if they haven’t formally registered it. It’s a way of saying “I’m claiming this as my brand”.
• ® (the ‘R’ symbol or ‘registered trademark symbol’): This is the universally recognised registered trade mark symbol, showing that the sign has been officially registered as a trade mark with the UK Intellectual Property Office (UKIPO) or an equivalent authority in another country.

In plain terms, anyone can use TM to claim they are using a name or logo as a trade mark, but only those who have successfully registered their mark can use ®. Using ® if you’re not registered is actually illegal in the UK, and can get you into hot water.

When Should You Use the ™ Symbol?

You should use the TM symbol if:

• You want to publicly claim a right to a trade mark (such as a brand name, slogan, or logo) that’s not yet registered
• You’re in the process of applying for trade mark registration but haven’t received approval yet
• You have no plans to register, but still want to “stake your claim” on a brand identifier

The TM icon can serve as a deterrent to copycats and signal to competitors that you are asserting your rights over that mark, even before (or if you never) gain formal registration. However, remember it doesn’t come with the same legal punches as the registered trademark ® symbol.

What’s the Legal Power Behind the ® Symbol?

Once your trade mark is officially registered with the UKIPO (or the appropriate office elsewhere), you are allowed to use the ® symbol – also called the r registered mark symbol or registered trademark symbol. Here’s what it really means:

• Proof of ownership: ® announces to the world that you have exclusive rights to that trade mark for your registered goods or services
• Deterrent effect: Competitors and would-be infringers are legally warned that you can take action against them for using anything identical or similar
• Legal remedies: You can enforce your trade mark against unauthorised use in the UK (or the markets where it’s registered) more easily and claim damages in court

Put simply: the ® sign is a mark of trust and a badge of legal protection. It’s the gold standard for brand safeguarding.

Where and How Should You Display the ™ and ® Symbols?

Getting the positioning right helps strengthen your claim, and avoids looking amateurish to customers or rivals. Here are the best practices in the UK:

• Placement: Place the ™ or ® symbol directly after your trade mark (top right, bottom right, or as close as possible). For example, “BrandName™” or “Logo^®”.
• Visibility: Use the symbol wherever your brand appears – on the website, packaging, social media, business cards, product tags, adverts, etc.
• Consistent use: Keep it consistent, so your assertion of rights is clear and noticeable. This is especially important once the trade mark is registered – don’t forget to update digital or printed materials across your business as soon as you receive registration.

Note: Don’t use the ® symbol until your mark is actually registered – even if you’ve submitted an application. Premature use is a criminal offence under UK law.

Want to know more about how to tell trade marks and copyright apart? We break down the differences in another guide.

Is It Illegal to Use the ® Symbol Without Registering?

Yes – it’s a criminal offence in the UK to use the registered trade mark sign unless your mark has been registered with the UKIPO (or the relevant authority for the country where you’re using it).

• The law: Section 95 of the Trade Marks Act 1994 prohibits the unauthorised use of the registered trade mark mark (® or “Registered Trade Mark” wording). Breaching this can result in fines and potential legal action.
• Jurisdiction matters: The ® symbol should only be used in the country(ies) where your mark is actually registered – for example, if it’s only registered in the UK, you shouldn’t use ® on the same goods in other countries unless registered there too.
• Marketing and websites: If you advertise online, make sure your ® usage is consistent with where you hold registered rights. If in doubt, use the ™ icon instead.

Not sure if your current logo, business name, or trade mark is protected? Get professional advice before you start stamping ® everywhere.

Common Misconceptions: Do You “Own” a Trade Mark If You Register a Company Name?

This is a classic pitfall. Many business owners believe that registering a company, business, or domain name at Companies House or with a registrar means they have exclusive trade mark rights. This is not the case.

• Company or domain name registration only prevents others from registering the same or (sometimes) similar names within that system
• It gives you no rights to exclusive commercial use, nor the right to use the ® symbol
• Trade mark registration is a separate legal process – and only a registered trade mark grants you exclusive branding rights and permission to use ®

Protecting your name, logo, or slogan properly with the UKIPO is the best way to lock down your brand territory.

What Are the Consequences of Misusing TM or The Registered Trademark Symbol?

Using trade mark symbols incorrectly can have serious consequences:

• Fines and legal action (including criminal charges) for false use of ® or related wording
• Loss of credibility with customers, investors, or partners if you use a trade mark mark unlawfully or misleadingly
• Difficulty enforcing your rights – if you’re not registered, you can’t rely on many of the protections offered by trade mark law

Note that it’s not an offence to use the TM character (or “tm logo”) on marks that are not registered – provided you're not presenting it as a registered mark.

Considering multiple countries? Watch out: other jurisdictions (like the USA, EU, Australia) have similar rules, but some nuances, so always check the local requirements or consult an IP lawyer if in doubt.

How Do You Register a Trade Mark in the UK?

The process of registering a trade mark – and earning the right to flaunt that “R” – is a crucial step for brand protection. Here’s a simplified rundown:

1. Check for existing marks: Start by searching the UKIPO trade mark database to check for similar already-registered marks that could block your application or cause disputes later.
2. Prepare your application: Gather details of your brand (the “sign” you want to protect), decide what products/services it covers, and pick appropriate “trade mark classes”.
3. Submit application to UKIPO: Apply online at the UKIPO website. You’ll pay a fee per class, so make sure your application is accurate.
4. Examination & publication: The UKIPO will review your application and publish it so others can oppose if they believe your mark conflicts with theirs.
5. Opposition period: If no valid objections, you’ll be granted a registered trade mark in about 4-6 months. (If there’s opposition, it can delay the process).
6. Start using ® everywhere you use the mark in the UK. Remember to periodically renew your registration as required.

For a more detailed guide (including tips to help your application succeed first time), check out our article on starting a business: legal requirements.

Tips for Protecting Your Brand with TM and ® Symbols

Ready to put your best brand foot forward? Here’s how to get TM and ® right:

• Use ™ while your registration is pending, or when you want to assert rights but aren’t registering just yet
• Only use ® once you receive official registration from the UKIPO – not before
• Apply the symbol in all relevant places: Product packaging, website footers, digital ads, invoices, letterheads, etc.
• Keep your registrations up-to-date and renew as required. Trade mark rights (and registration) can lapse if you don’t maintain them
• Monitor for infringement: Whether you use ™ or ®, keep an eye out for brand copycats and take action if needed. Registered rights make this much easier
• Seek expert advice: If in doubt, or if you’re looking to register in multiple territories or for complex brand assets, it’s a great idea to speak to an intellectual property lawyer

Other Useful Symbols: What Do the Copyright and Other Marks Mean?

There are a few more symbols floating around that you might come across, especially when protecting creativity online or developing a unique brand asset:

• © (Copyright symbol): Used to claim copyright over original works (writing, art, code, music etc). Copyright is automatic in the UK but having the symbol can help in disputes.
• ℗ (Phonogram symbol): Used for sound recordings, protecting the rights of the record producer.
• SM (Service Mark): Used in some countries (not the UK) to signal unregistered marks representing services, not goods.

Wondering about protecting your online content or creative work? Our guide on how to copyright something in the UK explains how these rights work and how to enforce them alongside trade marks.

What’s the Difference Between a Trade Mark and a Registered Trade Mark?

To quickly recap:

• ‘Trade mark’ (TM): Can be used by anyone using a distinctive sign to identify their goods or services. No official registration needed – but legal protection (if challenged) is limited.
• ‘Registered trade mark’ (®): Only used after registration with UKIPO (or overseas equivalent). Brings robust enforcement rights, deters infringement, and increases business value.

If you want to know more about the trade mark and copyright distinction (for example, whether to register a logo as a trade mark or rely on copyright alone), see our explanation of trade mark vs copyright.

Key Takeaways

• The ™ symbol can be used by anyone to claim an unregistered trade mark, while the ® symbol is reserved strictly for marks registered with the UKIPO or relevant authority.
• Using the ® mark without registration is illegal in the UK and most countries, and can result in heavy penalties and legal trouble.
• Registration gives your brand valuable protection, making it easier to enforce your rights and building credibility.
• Always position the TM or R symbol clearly and consistently on your brand assets once applicable – but never pre-emptively use ®.
• Registering a company or domain name does not equal trade mark protection; you must apply separately.
• If you have questions about trade mark registration, enforcement, or using TM/® symbols as your business grows, it’s wise to get expert legal guidance.

Ready to protect your brand from day one? If you need guidance on choosing, registering, or using trade mark symbols for your business, get in touch for a free, no-obligations chat. You can reach us on 08081347754 or team@sprintlaw.co.uk.