This guide explains when and how to use trade mark symbols on your brand names and logos. Correct marking helps protect your brand and reduces the risk of misuse by others.
1. Why Use Trade Mark Symbols?
Using ® or TM:
• Puts others on notice of your rights
• Helps deter infringement
• Supports consistent brand protection
• Clarifies whether a mark is registered or unregistered
Note: Marking is not legally required, but is recommended
2. The ® Symbol — Registered Trade Marks
What it means:
• The ® symbol indicates that a trade mark is formally registered in at least one jurisdiction
When you can use it:
• Only after registration is granted
• Only for the goods/services covered by that registration
• Only in countries where the mark is registered.
When you cannot use it:
• Using ® incorrectly may be a criminal offence in some countries (including the UK)
• DO NOT USE ®:
- For unregistered marks
- For marks only “filed” or “pending”
- Outside countries where a registration exists
- On goods/services not included in the registration
3. The TM Symbol — Unregistered Trade Marks
What it means:
• TM indicates that you claim a sign as a trade mark, even if it is:
- Unregistered
- Pending registration
- Used simply as a brand indicator
When you can use it:
• At any time
• In any country
• For any brand you wish to identify as a trade mark
When you cannot use it:
• There are no legal restrictions on its use
4. How and Where to Apply the Symbols
How to display them:
Place the symbol in superscript, usually upper‑right
BRAND® or BRAND™
Use your trade marks as adjectives, not nouns or verbs:
✔ “Install the BRAND® software”
✘ “Install BRAND®”
Where to include them:
• Packaging and product labels
• Website headers and footers
• Marketing materials • Manuals, guides and instructions
• Social media profiles and content
• App interfaces and splash screens
Frequency:
• Use the symbol on first or most prominent use in each document or marketing piece
5. Q&A
Q: What if I want consistent packaging and have the brand registered in only some jurisdictions where products are sold?
A: The safest way to proceed is to use TM across all jurisdictions
Q: What if I am not actively selling products in jurisdictions where the trade mark is not registered and products are resold into other jurisdictions?
A: You may use ® provided any resales are outside your control
Q: What about online use?
A: If you are promoting products online and it is clear which jurisdictions you are targeting, use of ® is acceptable provided you have the trade mark registered in the target jurisdictions
