The trade mark symbols

TM and ® are often misunderstood. TM can be used by anyone to show that a sign is being used as a trade mark. It does not mean the mark is registered and does not confirm any legal status. Businesses often use TM while a trade mark application is pending or where no registration exists.

The ® symbol can only be used once a trade mark is registered. Using it without registration is not allowed and can be a criminal offence in the UK. When used correctly, ® shows that the brand is legally protected and that the owner has registered rights. This can deter copying and signal that enforcement is more likely.

Using the correct symbol does not create rights, but it supports them. It shows that the business understands its legal position and is treating its brand seriously. In disputes, this can affect how a brand is viewed by competitors, platforms and courts.