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Symbols & basics

TM vs ® — what's the difference, and which can you use?

By trademarked.uk editorial · Last reviewed June 2026

The short version: ™ means you’re claiming a mark; ® means it’s registered. Anyone can put ™ on a name or logo at any time, with or without an application. But ® may only be used once your trade mark is officially registered — and in the UK, using ® on an unregistered mark is a criminal offence, punishable by a fine of up to £1,000 under the Trade Marks Act 1994.

So if you’ve applied but aren’t registered yet, use ™. If your certificate has arrived, use ®. If you’re not sure your registration is live, confirm it before you put ® anywhere.

What ™ means

™ tells the world you regard a name, phrase or logo as your trade mark. It has no statutory basis in UK law, so:

What ® means

® means the mark is registered with a trade mark office. In the UK that’s the Intellectual Property Office. It signals a real, enforceable, statutory right — and it only applies:

Using ® without a registration is a crime. Section 95 of the Trade Marks Act 1994 makes it an offence “falsely to represent that a mark is a registered trade mark.” It’s punishable on summary conviction by a fine of up to £1,000 (level 3 on the standard scale). The same applies to the word “registered” or any symbol implying registration.

Can I use ® while my application is pending?

No. An application is not a registration, and the wait doesn’t count. While your mark is going through:

TM vs ® at a glance

®
Registration required? No Yes (registered mark only)
Who can use it? Anyone, any time Only the registered owner
Legal rights Passing off only (must be proven) Statutory rights, easy to enforce
Use while applying? Yes No
Misuse a criminal offence? No Yes (s.95, up to £1,000)

What about ℠ and ©?

Do you have to use ® once registered?

No — it’s not compulsory. But it’s worth doing: it warns off would-be copycats and signals a right that’s searchable on the register. Put it in superscript at the top-right of the mark, and use it consistently on packaging, your website and advertising.

Quick check: which symbol should I use?

Before you put ® on your brand, make sure the registration is actually live and covers what you’re selling. If you’re not certain, search the register to confirm — it’s free.

Frequently asked questions

What is the difference between TM and ®?
™ means you are claiming something as your trade mark — anyone can use it, registered or not. ® means the mark is officially registered with a trade mark office. In the UK, you may only use ® once your mark is registered.
When can I use the ® symbol in the UK?
Only once your trade mark is registered and you've received the certificate — and only for the goods or services it's registered for. You cannot use ® while your application is still pending.
Is it illegal to use ® if my trade mark is not registered?
Yes. Falsely representing that a mark is registered is a criminal offence under section 95 of the Trade Marks Act 1994, punishable by a fine of up to £1,000 (level 3 on the standard scale). Use ™ instead until your mark is registered.
Can I use TM on an unregistered mark?
Yes. ™ has no statutory meaning in the UK and anyone can use it on a name or logo they're claiming as a brand — including while an application is pending or with no application at all.
Can I use ® while my trademark application is pending?
No. An application is not a registration. While you wait, use ™ (or 'trade mark application pending'). Switch to ® only when the registration certificate arrives.
What is the ℠ symbol and can I use it in the UK?
℠ (service mark) is a US concept. UK law makes no distinction between marks for goods and marks for services — they're all 'trade marks' — so ℠ has no legal meaning here and is best avoided.
Does © protect my brand name?
No. © is copyright, which arises automatically and protects original creative works (text, images, music) — not brand names. A name or logo is protected as a trade mark, not by copyright.
Which is better, TM or ®?
® is stronger — it signals a registered right backed by statute and is far easier to enforce. But you can only use it once registered. Until then ™ is the correct symbol, and it still tells the market you're claiming the brand.

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Related guides

This guide is general information, not legal advice. Fees and figures are taken from GOV.UK and were verified in June 2026. For a formal opinion on your brand, consult a UK chartered trade mark attorney.