Using the ® Symbol Correctly
What does TM and ® actually mean?
Both symbols signal that a business is claiming rights in a brand element, but they mean different things and carry different legal weight.
™ simply flags that a word, logo, or other sign is being used as a trade mark — a badge of origin distinguishing your goods or services from a competitor's. Anyone can use ™ on any mark at any time, whether or not it's registered or even applied for. It's a statement of intent, not a legal status: "we consider this ours." It's commonly used while a registration application is pending, or where a business relies on unregistered rights (in the UK, protected through the law of passing off rather than statute).
® is different: it's a formal claim that the specific sign has been examined and granted registration by a trade marks office — in the UK, the UK Intellectual Property Office (UKIPO). It can only be used once a certificate of registration has actually issued.
Businesses use these symbols to warn competitors that a mark is claimed, discourage third parties from adopting something similar, and can strengthen your position in a dispute by showing the other side ought to have known. ® carries more weight than ™ precisely because it reflects an official, examined right rather than a self-declared one.
® Attaches to the Mark, Not the Brand
The ® symbol tells the world that the specific sign it sits next to is a registered trade mark. If your registration covers the word only, that's what ® can go next to. Your logo — the stylised device, icon, or figurative element — is a separate sign. Unless it's also registered, ® should not be used next to it.
Why does it matter?
Under section 95 of the Trade Marks Act 1994, falsely representing a mark as registered — including misusing ® — is a criminal offence, punishable by a fine. The provision exists precisely to stop businesses signalling protection they don't have.
Practical guidance
Match the symbol to the registered sign. Put ® next to the word mark if that's what's registered; use ™ next to the logo if it isn't.
Register both if both matter. If your logo is core to your brand identity, file it separately (or as a combined mark, if you want a single registration covering the design as it appears).
Check your territory. ® should only be used in countries where the mark is actually registered. A UK registration doesn't justify using ® on packaging sold in, say, the US or EU unless you hold equivalent registrations there.
® is optional, not mandatory. UK law doesn't require you to mark a registered trade mark at all. Using it correctly is good practice — it puts third parties on notice and can strengthen your negotiating position — but there's no legal penalty for simply leaving it off.
Before you finalise packaging, a website footer, or marketing materials, check exactly what your registration certificate covers — word, logo, or both — and mark accordingly.