Those little symbols next to brand names aren’t just decoration — they carry real meaning, and one of them you must earn. Here’s what each means.
™ — an unregistered claim
The ™ symbol says “we treat this as our trade mark.” You can put it on a name, logo or slogan whether or not it’s registered — no permission needed. It doesn’t give you the legal protection of a registered mark, but it signals your claim and can help deter copycats. Many businesses use ™ while their application is still going through.
® — officially registered
The ® symbol means the mark is registered with the UK Intellectual Property Office. This is the one you have to earn: in the UK it is a criminal offence to use ® on a mark that isn’t actually registered. So you only start using ® once your registration certificate comes through — never before.
What about © and ℠?
Different tools for different jobs: © is for copyright (creative works — see protecting your work), not trade marks. ℠ (SM, “service mark”) is a US thing — in the UK we just use ™ for goods and services.
The simple rule
Use ™ from day one to stake your claim. Apply to register, and once it’s granted, upgrade to ®. Ready to register? Here’s how to register a trade mark yourself.
Last reviewed: June 2026 · For use in England & Wales. eLitigant is a Community Interest Company (No. 16566612), not a law firm, and does not give legal advice. Always confirm current rules and fees on gov.uk.