Which trademark symbol can you use? You can use ™ at any time, from day one, whether or not you’ve applied. The ® symbol is different: in the UK it means the mark is registered, so it belongs only on a mark that has completed UK trademark registration, and only for the goods or services the registration covers. Under section 95 of the Trade Marks Act 1994, falsely representing a mark as registered, knowing or having reason to believe it’s false, is a criminal offence, with a fine of up to level 3 on the standard scale, currently £1,000.
Does the ™ trademark symbol give you any protection?
Not on its own. ™ tells people you treat the name as your brand, and it looks the part, but it doesn’t stop anyone using something similar. You’ll often see it next to names that are too descriptive to register. The danger we see is the other way round: ® added the day an application is filed, or used on products the registration doesn’t cover. Both count as a claim about registration, and both can be caught by section 95. It isn’t a design feature. It’s a statement about your legal rights, a bit like calling yourself a limited company before you’ve incorporated.
When can you start using the ® symbol?
Once your trademark is registered, not when you apply. In the UK that usually means after examination and the two-month publication period, when the IPO confirms registration. I explain the difference between the two symbols to clients most days, because it isn’t common knowledge. It’s one of the most common trademark myths we come across. When a client’s registration comes through, I talk them through where ® can and can’t go, including whether the classes cover every product it will appear on.
What does getting the symbol right give you?
A brand that looks protected and is protected, with no awkward claim on your packaging. If you’ve launched a new brand, use ™ from day one, check the name with our free trademark search, and file so you can move to ®. Once you’re registered, our trademark monitoring service, from £14 a month, watches the IPO, Companies House, domain registrations and social media for brands that may infringe yours. You can book a free call, email enquiries@thetrademarkhelpline.com or ring 0161 833 5400.
Related questions
- Can someone steal my business name?
- Can I just copyright my business name instead?
- What would it cost me to rebrand if I am forced to change my name?
This answer is for information purposes only and does not constitute trademark advice or guidance. Last reviewed 25 September 2026. First shared as a LinkedIn post.
