A complete guide to trade mark symbols and when to use them

Tips

/ October 2026

Having a hard time distinguishing between the (®) ‘R’ and (™) ‘TM’ symbol?

Don’t worry, the experienced team at Trademark Eagle can help.

The primary difference between ‘TM’ and ‘R’ is that the ™ symbol can be used by anyone to assert ownership over a trade mark, including unregistered trade marks, while the ® symbol can only be used by businesses who have registered their mark with the relevant trade mark office.

This comprehensive guide to trade mark symbols (‘R’ and ‘TM’) explains everything you need to know about these visual cues, including the meaning of each symbol, when to use them, and who can use them.

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Contents:

What does ‘TM’ mean, and can you use it?
What does ® mean, and when can you legally use it?
What about the ‘SM’ symbol and its usage?
‘TM’ vs ‘R’: What’s the difference?
Can you use ® before a trade mark is registered?
What happens if you misuse a trade mark symbol?
Trade mark symbol FAQs
Why speak to Trademark Eagle first?
Ready to register your trade mark? Talk to Trademark Eagle

What does ‘TM’ mean, and can you use it?

‘TM’ refers to the trade mark (™) symbol.

This symbol can be used next to a brand name, phrase, or logo for a tangible, physical products as well as services. The letters ™ denote someone considers their brand name is a trademark – and it is often used before a trademark is registered to deter third parties from adopting the same brand.

What does ® mean, and when can you legally use it?

‘R’ refers to the registered trade mark (®) symbol.

This symbol is designed to be used next to a brand name, phrase, or logo for a product or service that’s officially registered with a relevant trade mark office.

Only businesses that have officially registered their mark in this way can legally use the symbol – unlike the ‘TM’ symbol that anyone can use.

Using the registered trade mark symbol also notifies to the public that the business is asserting their ownership over the mark. Owning the trade mark registration provides them with much greater legal protection than relying on an unregistered mark.

What about the ‘SM’ symbol and its usage?

‘SM’ refers to the service mark (℠) symbol.

This is a widely outdated term and primarily used in the USA to notify the public that a business is asserting its ownership over a mark. It’s traditionally used next to a brand name, phrase, or logo for a service – rather than a physical product.

‘TM’ vs ®: What’s the difference?

Eager to learn more about the exact difference between ‘TM’ and ‘R’?

Symbol	Trade mark ‘TM’ symbol	Registered trade mark ‘R’ symbol
Symbol	™	®
Meaning	The brand name, phrase, or logo for either physical goods or services is an owned trade mark.	The brand name, phrase, or logo for physical goods or services is registered with the official trade mark office in the country where the trade mark is being used.
Suitable for	Physical goods and services	Physical goods and services
Usage rights	Anyone can use it – regardless of whether the mark is in the process of being registered or not.	Only owners of trademarks that have been registered at the official trade mark office in the country where the trade mark is being used.
Legal protection	Provides limited protection – they act more as a warning. They tend to rely on common law rights, which are accrued through substantial use of a trade mark and include common-law torts, such as ‘passing off’.	Provides comprehensive protection – you have the tools to more easily take action against any unauthorised use of your trade mark by third parties.

Can you use ® before a trade mark is registered?

No, you should not use the ® registered trade mark symbol.

Under Section 95 of the Trade Marks Act 1994, it’s considered a criminal offence in the UK to use the ‘R’ symbol before the mark has been registered.

At Trademark Eagle, we can advise you on the rules and regulations for the country (or countries) you plan to trade in to ensure legal use of any trade mark symbols.

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What happens if you misuse a trade mark symbol?

Any unauthorised use of a registered trade mark symbol is a criminal offence under the Trade Marks Act 1994.

Action can be taken against someone claiming a trade mark is registered when it is not. This would involve someone formally taking action to try and prevent use of the ® symbol against a trade mark.

If successful, the misuse could result in financial penalties and reinforces the advice to protect your trademarks by formally registering them.

Misusing a trade mark symbol can also result in credibility and brand damage to a business. This may not seem as severe as financial penalties and legal action, but it can be just as detrimental to the success of the organisation.

The most effective way to avoid trade mark symbol misuse is to simply speak to an expert legal advisor, like Trademark Eagle.

Our specialists will guide you on the exact classes of goods and services to protect and the appropriate way to display the relevant symbols.

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Trade mark symbol FAQs

Should I use the ™ or ® symbol?

If you haven’t officially registered your brand name, logo, or slogan trade mark, then you should only use the ™ symbol.

Once the trade mark has been registered, you will be able to use the ® symbol in the country the trade mark is registered in.

Can I use the ™ symbol without registering?

Yes, the ™ symbol can be used legally to assert ownership and claim rights over an unregistered brand name, phrase, or logo for goods or services.

Anyone can use this symbol – regardless of whether your trade mark registration application is still pending or you don’t plan on applying for official registration.

When should the ® symbol be used?

You should only use the ® symbol after the mark has been officially registered and granted by the national government trade mark office.

How should the trade mark symbols be formatted and placed for text?

To abide by best practice, it’s recommended that the symbol be placed immediately after names and word marks (in the upper right-hand corner) and formatted as superscript. For example, Trademark Eagle™ or Trademark Eagle®.

However, the symbol can also be superscript (raised above the baseline), in-line with the text, and used anywhere immediately after a mark – so long as it is still clearly visible.

How should trade mark symbols be formatted and placed for logos?

For logos, the trade mark symbol is usually integrated into the design and placed in the upper right-hand corner. However, just like trade mark symbol placement for names and word it can often be incorporated anywhere straight after the mark.

Wherever you decide to place the trade mark symbol, it’s recommended to keep it small, unobtrusive, and ensure it remains in the same position across all brand media.

Do I have to use the registered trade mark symbol every time?

No, you do not have to use the registered trade mark symbol every time your mention a registered name or word. However, we recommend differentiating the trade mark from other text and using the ® symbol wherever possible to make it abundantly clear the mark is registered.

Are there other ways to claim the rights to your trade marks?

It is good practice to include a section on the bottom of web pages, product packaging, brochures and so forth which claims your trade marks. This can be a simple statement that says as an example “Trademark Eagle” is a trade mark or “Trademark Eagle” is a registered trade mark.

The © symbol is often used on websites, books and brochures to lay claim to the copyright that is claimed. This is very different to a registered trade mark. Copyright covers written and artistic works and is inherent in these.

In the UK, we do not have an official copyright register.

As above, the ® symbol relates to a registered trade mark that protects the mark for the goods and services covered by the registration. We refer you to our article on copyright for more information on this subject.

Are you legally required to use trade mark symbols?

No, you are not legally required to use trade mark symbols. However, using them is highly recommended as it notifies the public of your claim to ownership and rights, deterring third-party use that could lead to costly and time-consuming legal action.

Why speak to Trademark Eagle first?

To deliver the best results for businesses just like yours, we’ve built a team of expert team of legal advisors who work with the highest levels of integrity and professionalism.

These experienced advisors have extensive knowledge in this area, ensuring your interests are thoroughly safeguarded.

Talk to Trademark Eagle today

Other reasons to arrange an appointment with Trademark Eagle before using trade mark symbols for your business, include:

Ready to register your trade mark? Talk to Trademark Eagle

Trade mark registration doesn’t have to complex or confusing.

With Trademark Eagle’s expert team of legal advisors acting on your behalf, you can rest assured that your rights concerning trade marks will be fully respected.

Over the years, we’ve built an outstanding reputation for proactively supporting businesses just like yours by identifying any potential problems before they arise and taking preventative measures.

To learn more about our trade mark registration, investigate our renewal service, or arrange a free initial consultation to discuss your asset, please don’t hesitate to get in touch today. You can either: