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The ® symbol means “registered trademark”. Using it on an unregistered mark is not just misleading; it is a criminal offence under the Trade Marks Act 1994. This guide explains what you can and cannot do, and the penalties for getting it wrong.
Criminal offence warning: section 95 of the Trade Marks Act 1994 makes it an offence to falsely represent that a mark is a registered trademark. This includes using the ® symbol on a mark that is not on the UK trademarks register. The offence is punishable by a fine on summary conviction. This is not a theoretical risk; Trading Standards can and do investigate complaints.
There are two symbols commonly used alongside trademarks, and they mean very different things.
| Symbol | Meaning | Legal status in the UK | When to use |
|---|---|---|---|
| TM | “I claim this as a trademark” | No specific legal status; purely informational | On any mark you are using as a trademark, whether registered or not |
| ® | “This is a registered trademark” | Regulated by s.95 Trade Marks Act 1994; misuse is a criminal offence | Only after the mark is on the register and you have your registration certificate |
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.
Section 95(1) of the Trade Marks Act 1994 states:
It is an offence for a person to falsely represent that a mark is a registered trade mark, or to make a false representation as to the goods or services for which a trade mark is registered, knowing or having reason to believe that the representation is false.
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).
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:
You are not required to 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.
Use the TM symbol when:
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.
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.
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.
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.
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.
The rules around ® vary between jurisdictions. Some key differences:
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.
Yes. Under section 95 of the Trade Marks Act 1994, it is a criminal offence to falsely represent that a mark is registered. This applies to using the ® symbol, the words “registered trademark”, or any other representation that the mark is on the register when it is not. The offence carries a fine on summary conviction.
Yes. The TM symbol has no specific legal status in UK law. It is simply a notice that you are claiming the word, phrase, or logo as a trademark. You can use TM on any mark, whether or not you have applied for registration. It signals to others that you regard it as a trademark, though it does not confer any legal rights by itself.
No. You can only use ® once your mark has been accepted onto the register and you have received your registration certificate. During the application period (which typically takes around 4 months), you should use the TM symbol instead.
No. Companies House registration is entirely separate from trademark registration. A company name registered at Companies House is not a trademark and does not appear on the trademarks register. Using ® based solely on a Companies House registration would be a criminal offence under section 95.
No. There is no legal obligation to use the ® symbol in the UK. However, it is good practice because it puts others on notice that the mark is registered. This can deter infringement and strengthen your position if you need to take enforcement action.