TM Symbol & ® Trade Mark Symbol: UK Rules, Meaning & Penalties

TM vs ®: understanding the difference

There are two symbols commonly used alongside trademarks, and they mean very different things.

There is also the SM (“service mark”) symbol, which is used in the United States for marks relating to services rather than goods. SM has no formal recognition in UK law. If you see it on UK materials, it is typically a US company applying American conventions to UK branding.

The law: section 95 of the Trade Marks Act 1994

Section 95(1) of the Trade Marks Act 1994 states:

Section 95(2) clarifies that using the word “registered” or the ® symbol in connection with a mark that is not registered is deemed to be a representation that the mark is registered, unless accompanied by a statement that the registration is under a law other than UK law (for example, a US federal registration).

Section 95(3) sets the penalty: a fine on summary conviction. The fine is unlimited (following the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which removed the cap on summary fines in England and Wales).

When you CAN use ®

You are entitled to use the ® symbol once your mark appears on the UK trademarks register and you have received your certificate of registration from the UK IPO. The key points:

• Only after registration, not during application. A pending application (even one that has been accepted and published) is not a registered mark. You must wait until the mark is on the register.
• Only for the registered goods/services.If your mark is registered in Class 25 (clothing), you should not use ® when using the same mark in connection with software. The symbol should correspond to goods/services covered by the registration.
• Only in the territory of registration.A UK registration entitles you to use ® in the UK. If you also trade in the EU, you would need a separate EU trademark to use ® legitimately there (though enforcement practice varies between EU member states).

You are not requiredto use ® once registered. There is no obligation. But it is strongly recommended, because it puts third parties on notice that the mark is registered and can deter infringement.

When to use TM instead

Use the TM symbol when:

• Your trademark application is pending (filed but not yet registered)
• You are using a mark as a trademark but have not applied for registration
• You are using the mark in connection with goods/services not covered by your registration
• You are using the mark in a territory where it is not registered

TM carries no legal weight in UK law, but it is a useful commercial signal. It tells competitors, customers, and search engines that you regard the word or logo as a trademark rather than a generic descriptor.

Common misconceptions

“I registered my company at Companies House, so I can use ®”

This is the most widespread misunderstanding. A Companies House registration gives you the right to use a specific name as your company name. It does not place anything on the trademarks register. Companies House and the UK IPO are entirely separate bodies with separate registers. Using ® based on a Companies House registration is a criminal offence under s.95.

“My domain name is registered, so I can use ®”

No. A domain name registration (e.g. through Nominet for .co.uk) gives you the right to use that domain name on the internet. It confers no trademark rights and has nothing to do with the trademarks register.

“I've been using the name for years, so it must be registered by now”

Length of use does not create a registration. You may have built up common-law rights through passing off, but that is a separate (and much weaker) form of protection than a registered trademark. Only marks that have been formally applied for and accepted by the UK IPO are on the register.

“My Amazon/Etsy/eBay listing says ® so it must be fine”

Online marketplaces do not verify trademark status. The fact that a platform allows you to add ® to a listing does not make it lawful. You are responsible for ensuring that any claim of registration is accurate.

International differences

The rules around ® vary between jurisdictions. Some key differences:

• United States:the ® symbol can be used with a federal registration from the USPTO. State-level registrations do not entitle use of ® in the US. The TM symbol is freely used for unregistered marks.
• European Union:an EU trademark (EUTM) registered with EUIPO entitles use of ® across all EU member states. National registrations in individual EU countries also entitle use in that country.
• Australia: similar to the UK. Section 151 of the Australian Trade Marks Act 1995 makes it an offence to falsely represent a mark as registered.

If you trade internationally, you need to be aware of where your mark is registered and limit the use of ® to those territories. A common practical approach is to use TM globally and add ® only on materials specifically targeted at territories where you hold a registration.

Practical advice for brand owners

1. Audit your current usage.Check your website, packaging, social media profiles, email signatures, and marketing materials. If you are using ® anywhere and do not have a registered trademark, stop immediately.
2. Switch to TM while your application is pending. If you have filed an application with the UK IPO and are waiting for registration, use TM. You can switch to ® once you receive your certificate. The typical timeline is around 4 months.
3. Keep your registrations current.UK trademarks last 10 years and must be renewed. If your registration lapses, it is removed from the register, and your right to use ® lapses with it.
4. Be precise about classes.If your mark is registered for clothing (Class 25), do not use ® when advertising unrelated services. The symbol should be used in connection with the specific goods/services covered.
5. Consider registering if you have not already. If your brand is important to your business, a UK trademark registration starting at £205 is one of the most cost-effective forms of intellectual property protection available. Use our free trademark search to check availability before you file.

Frequently Asked Questions