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:
- Anyone can use it — no registration, no application, no permission needed.
- It gives you no automatic legal rights on its own; any protection comes from “passing off”, which you’d have to prove.
- It’s the right symbol to use before registration, including while an application is pending.
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:
- Once the registration certificate has been issued (not when you apply), and
- Only for the goods or services it’s registered for. Using ® on products outside your registered classes is itself a misrepresentation.
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:
- Use ™, or write “trade mark application pending”.
- Switch to ® only when the certificate arrives.
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 ©?
- ℠ (service mark) is a US idea. UK law treats marks for goods and services identically — they’re all “trade marks” — so ℠ has no legal standing here. Don’t use it in a UK context.
- © (copyright) is a different right entirely. It arises automatically on original creative works — your website copy, photos, a piece of music — and protects the work, not your brand name. A name or logo is protected as a trade mark, not by copyright.
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?
- Not applied yet → ™ (or nothing).
- Application filed, awaiting registration → ™.
- Registered, certificate in hand, for the right goods/services → ®.
- Registered in the EU only → you cannot use ® in the UK on that basis (post-Brexit, the rights are separate).
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.