TM Trademark Symbol (™): Meaning And When To Use It

If you’ve ever launched a new name, logo or slogan, you’ve probably wondered whether you should add the TM trademark symbol (™) next to it. It’s a small mark, but it can carry a big message: this is our brand, and we’re treating it seriously.

For small businesses, the TM trademark symbol is often an early step in building brand protection - especially when you’re not ready (yet) to apply for registration, or you’re still testing whether the branding will stick.

In this guide, we’ll walk you through what the TM trademark symbol means in the UK, when you can use it, how it differs from ®, and how to use it in a way that supports your business (without accidentally creating legal risk).

This article is general information only and isn’t legal advice. If you want advice on your specific brand and circumstances, speak to a qualified trade mark professional.

What Does The TM Trademark Symbol (™) Mean In The UK?

The TM trademark symbol (™) is a notice that you’re using a sign as a trade mark. In plain terms, you’re telling the world:

• “We’re using this name/logo/slogan as a brand identifier.”
• “We consider it part of our business identity.”
• “We may claim rights in it, even if it’s not registered.”

In the UK, a “trade mark” (often written as “trademark” in everyday business language) is typically a brand sign that helps customers recognise your goods or services - for example:

• a business or product name
• a logo
• a slogan or tagline
• sometimes colours, shapes, sounds, or packaging (in more specialised cases)

Importantly, in the UK you don’t need registration to use ™. The TM trademark symbol can be used with:

• registered trade marks
• unregistered trade marks
• trade marks you plan to register later

So, if your business is asking “can we use the tm trademark symbol?”, the answer is usually yes - but the more important question is whether it’s strategic, and whether your brand is actually protectable.

Does ™ Give You Legal Rights?

The TM trademark symbol itself doesn’t create trade mark rights. You don’t gain protection just by adding ™ to your logo.

However, it can still be useful because it:

• acts as a deterrent to copycats (some businesses will back off if they think you’ll enforce your rights)
• helps show you’re treating the sign as a brand (which can help support evidence of reputation in some disputes)
• signals professionalism and consistency in your branding

In the UK, if you rely on an unregistered trade mark, your protection is usually through a legal claim called passing off. Passing off claims can be complex, evidence-heavy and expensive compared to registered trade mark enforcement - which is why many growing businesses choose to Register a trade mark once the brand is established.

TM vs ®: What’s The Difference And Why It Matters?

This is where a lot of businesses get caught out: ™ and ® are not interchangeable.

TM (™) = “We’re Using This As A Trade Mark”

You can generally use ™ in the UK even if:

• you haven’t applied for registration yet
• your application is still pending
• you’re relying on unregistered rights

It’s a “notice symbol”, not proof of registration.

® = “This Trade Mark Is Registered”

The ® symbol means the trade mark is registered (typically with the UK Intellectual Property Office for UK protection).

If you put ® next to a mark that isn’t registered (or isn’t registered in the UK where you’re using it), you can create problems. In the UK, falsely indicating that a trade mark is registered can amount to a criminal offence under trade mark law, as well as potentially creating issues around misleading marketing. Put simply: don’t use ® unless you’re sure you have a valid registration covering what you’re doing.

If you’re unsure which symbol you should be using (and when), it’s worth reading about the TM and R symbols in the context of real business use.

So Which One Should You Use As A Small Business?

As a practical approach:

• If your trade mark isn’t registered yet: use ™ if you want to signal ownership.
• If your trade mark is registered: you can use ® (and many businesses do), but you can also still use ™.

The “right” choice often depends on your growth plans, how competitive your market is, and whether you’re investing heavily in building a brand people will recognise.

When Should You Use The TM Trademark Symbol In Your Branding?

The TM trademark symbol can be helpful at different stages of your business - but it’s most valuable when you use it intentionally (not randomly on everything you publish).

1) When You’re Launching A New Name Or Logo

If you’re introducing a new brand name or logo and you want to make it clear it’s yours, adding ™ can support that message.

This can be especially relevant if:

• you’re entering a crowded market where similar names exist
• you’re working with freelancers/agencies and the branding is being shared around
• you’re launching publicly and want to discourage “fast followers” from copying

2) When You’re Not Ready To Register (But You Still Want A Deterrent)

Trade mark registration can be a smart investment, but it’s not always your first spend - especially if you’re still validating the product or service.

Using the tm trademark symbol can be a reasonable interim step while you:

• test the market
• finalise your brand identity
• confirm which goods/services you’ll actually offer (which affects the registration scope)

That said, if the brand is core to your business (for example, you’re building a consumer-facing brand or planning to franchise), it’s often worth getting advice early through an IP lawyer consult.

3) When You’re Building Consistency Across Your Website, Packaging And Social Media

Using ™ consistently in key places can help reinforce that your branding is a trade mark - particularly on:

• product packaging
• your website header or footer
• your app name or product landing pages
• brochures and marketing decks

You don’t necessarily need to add ™ every single time the mark appears. Many businesses apply it on first or prominent use (for example, the logo on the front of packaging), and then drop it in the body text for readability.

4) When You’re Using A Slogan Or Tagline As A Brand Asset

Small businesses often overlook slogans - but if your tagline is doing real work in your marketing, it may be something you want to treat like an asset.

Adding ™ to a slogan can make sense when the slogan is distinctive and closely tied to your business identity (rather than just descriptive marketing copy).

How To Use The TM Trademark Symbol Correctly (Without Overdoing It)

There’s no single “mandatory” format for using ™ in the UK, but there are common best practices that help keep your branding clear and professional.

Where Should The ™ Symbol Go?

Typically, the TM trademark symbol is placed:

• in superscript (slightly raised)
• to the upper right of the mark (for example, after the brand name or logo)

Examples:

• YourBrand™
• YourBrand™ Accounting (if “YourBrand” is the trade mark)
• YourBrand™ (next to the logo on packaging or your website header)

Should You Put ™ On Your Company Name Or Your Trading Name?

This comes up a lot for small businesses: your registered company name and your brand name aren’t always the same thing.

If you’re operating under a trading name (for example, your company is registered as “ABC Ltd” but you trade as “Bright Books”), the trade mark you care about is usually the brand customers see. That’s often your trading name, product name, or logo - not necessarily the company name on Companies House.

(And yes, it’s possible to have a trading name that’s different from your company name - but you’ll want to make sure it’s used correctly in contracts and customer terms. If you’re unsure, it helps to understand what trading as (t/a) means in practice.)

Don’t Use ™ To “Claim” Generic Or Descriptive Words

One common mistake is sticking ™ on something that isn’t really distinctive - for example, a phrase that just describes what you sell.

Using ™ on a generic phrase won’t stop others from using similar words, and it could make your branding look overconfident (or invite disputes you can’t realistically win).

A good rule of thumb: the more unique your branding is, the stronger your position tends to be. If you’re unsure whether your name is too close to competitors or too descriptive, it’s worth checking before you invest heavily in brand design and marketing.

Use ™ Consistently With The Same Mark

If you use ™, try to apply it to the same mark each time - for example, always on your core brand name as stylised, or always on the logo version you consistently use.

Chopping and changing (or adding ™ to multiple variations) can make it harder to show what your “real” trade mark is, especially if you later need to prove what customers recognise.

Is It Mandatory To Use The TM Trademark Symbol In The UK?

No - you don’t have to use ™.

Many businesses never use the TM trademark symbol at all, and still protect their brand through:

• registered trade marks
• strong customer contracts and brand guidelines
• copyright protection for creative assets (where relevant)
• consistent brand use and reputation

But using ™ can still be a smart move when it fits your strategy, because it’s a simple, low-cost way to flag your rights.

Could Using ™ Cause Legal Trouble?

Usually, using ™ is low risk - but it’s not completely risk-free if it’s used in a misleading way.

For example, problems can arise if you:

• use ™ in a way that implies a level of protection you don’t actually have
• use ® incorrectly (this is typically the bigger issue)
• threaten legal action based on “trade mark rights” you can’t back up

Branding and marketing claims can also overlap with consumer protection rules. If your website and marketing are making strong statements (including about exclusivity or being “official”), it’s worth ensuring your customer-facing terms and marketing are accurate and consistent - often through well-drafted Terms and Conditions.

How To Protect Your Trade Mark Beyond The ™ Symbol

The tm trademark symbol is only one small tool. If your brand matters to your business (and for most businesses it does), it’s worth thinking about trade mark protection as a broader plan.

1) Check If Your Brand Is Available

Before you commit to a name, consider:

• whether a similar name is already being used in your market
• whether there are registered trade marks that could block you
• whether your domain name and social handles are available

This step can save you a lot of time and cost - especially if you’re about to invest in signage, packaging, a website, or a big launch.

2) Consider Registration For Stronger, Clearer Rights

Registered trade marks are often easier to enforce than unregistered rights, and they can be valuable assets if you’re looking to:

• scale nationally
• raise investment
• license your brand
• sell the business later

If you want to explore registration, the simplest starting point is to Register a trade mark with the right classes of goods and services for what you actually do (and what you plan to do next).

3) Protect Your Creative Assets Too (Not Just The Name)

Trade marks protect brand identifiers (like names and logos). But your business might also rely on creative content such as:

• website copy
• product photography
• packaging designs
• guides, templates, and downloadable resources

These may be protected by copyright (automatically, in many cases), and it can help to use proper notices and ownership clauses where appropriate. If you publish content, having a clear copyright notice is a simple way to set expectations and strengthen your position if someone copies your work.

4) Make Sure Your Brand Ownership Is Clear In Writing

If you’re working with a co-founder, contractor, designer or developer, don’t assume you automatically own everything created for your business.

Ownership can depend on:

• who created the logo/name
• whether they were an employee or contractor
• what your agreement says about IP assignment and usage rights

This is one of those “protect your business from day one” issues - because if ownership isn’t clear, disputes can show up at the worst possible time (like when you’re trying to register the mark or sell the business).

5) Put Your Brand Into Your Contracts (So It’s Not Just A Marketing Asset)

As you grow, your trade mark stops being just a logo on Instagram - it becomes something you license, protect, and enforce through business relationships.

Depending on how you operate, it can help to build brand protection into documents like:

• client or customer Website Terms and Conditions (to set rules on use of your content and branding)
• supplier/partner agreements (to control how your logo is used)
• staff and contractor agreements (to cover confidentiality and IP created during work)

If you ever end up in a dispute, it also helps to understand what makes an agreement enforceable in the first place - which is why it’s useful to be clear on what makes a contract legally binding.

Key Takeaways

• The TM trademark symbol (™) is a notice that you’re using a name, logo or slogan as a trade mark - it doesn’t automatically grant legal rights.
• You can generally use ™ in the UK even if your trade mark isn’t registered, but you should use ® only if the trade mark is actually registered.
• Using the tm trademark symbol can deter copycats and show you’re taking your brand seriously, especially during early-stage growth.
• Use ™ in a consistent, professional way (usually on key brand assets like your logo, packaging, and primary website branding).
• If your brand is important to your business, trade mark registration is often the stronger long-term strategy than relying on unregistered rights.
• Trade mark protection works best when it’s supported by clear IP ownership, strong contracts, and consistent brand use across your business.

If you’d like help protecting your brand, choosing the right trade mark strategy, or registering your trade mark in the UK, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.