Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
If you’ve started building a brand, you’ve probably seen the little “R” in a circle next to other companies’ names or logos and wondered if you should add it to yours too.
Good question - and the answer matters. Using the ® symbol the wrong way can be a criminal offence in the UK, while using it correctly can strengthen your brand presence and deter copycats.
In this guide, we explain exactly what the R in a circle means under UK law, when you can (and can’t) use it, how it compares to “TM”, and the simple steps to get registered so you can use ® with confidence.
What Does The R In A Circle Mean?
The “R in a circle” symbol - ® - tells the world that a trade mark is registered. In the UK, that means the name, logo, slogan, or other sign has been successfully registered as a trade mark with the UK Intellectual Property Office (UKIPO) under the Trade Marks Act 1994.
Registration gives the owner exclusive rights to use the mark for the goods and services it’s registered for, and the legal power to stop others from using a confusingly similar mark in the UK without permission. That’s a big deal for a growing business: your brand becomes an asset you can enforce, license, sell, or use to attract investment.
Key points to remember:
- ® means the mark is registered, not just applied for or “in use”.
- Registration is jurisdiction-specific. UK registration covers the UK. You’ll need separate protection in other countries or a suitable international route.
- You don’t have to display ® to keep your rights, but many brands use it to warn off copycats and signal professionalism.
R In A Circle Vs TM: Which Should Your Business Use?
Small businesses often ask whether they should add ® or “TM” next to their brand. They’re not the same thing:
- ® indicates a registered trade mark. You can only use it in the UK once your mark is formally registered with UKIPO.
- TM (trade mark) isn’t a legal status symbol. It simply signals that you claim a sign as your brand. You can use TM before registration, while an application is pending, or even if you never register - but TM doesn’t itself create legal rights.
Practically, the best path for most businesses is:
- Use TM while you’re building your brand and preparing or waiting for registration; and
- Switch to ® once your UK registration is granted.
If you’re weighing up how to display symbols across packaging and your website, the TM/® choice is part of a broader brand strategy. For a quick refresher on the symbols themselves, it helps to look at using trade mark signs correctly alongside other notices like the copyright symbol and “All Rights Reserved”.
When And How Should A UK Business Use The ® Symbol?
You can use ® in the UK once your trade mark is registered with UKIPO and remains in force. There’s no strict legal requirement to display it - your rights exist because you’ve registered - but using ® has practical benefits:
- Public notice: It alerts competitors and marketplaces that your mark is registered.
- Deterrence: It can reduce casual infringement and make enforcement letters more persuasive.
- Professional polish: It signals that you’ve invested in protecting your brand.
Best-Practice Placement
There’s no mandated placement in UK law, but brands typically put ® as a superscript to the upper right of the mark, consistent with industry practice. Keep it legible and consistent across channels:
- Logos: Place ® near the logo in a readable size (vector artwork helps).
- Word marks: Add ® after the word the first time it appears in body copy; no need to plaster it on every instance.
- Digital assets: Include ® in hero banners, footer brand blocks, app splash screens, and where your logo appears in marketplaces or app stores.
- Packaging and labels: Include ® on the principal display panel and any brand locks you use.
Don’t Use ® Prematurely
Crucially, you should not use ® in the UK until your specific mark is actually registered. An application or “priority claim” isn’t enough. If your application is refused or still pending, stick with TM.
What About Overseas?
Because trade mark rights are territorial, you should only use ® in a country if the mark is registered there. If you’re selling in multiple markets with mixed registration status, consider using TM in international packaging or creating market-specific artwork files.
What If You Rebrand Or Update Your Logo?
If you refresh your logo, check whether the changes are minor or substantial. A subtle tweak may still be covered by your existing registration, but a significant redesign could require a new application. Don’t keep using ® next to a materially different logo that isn’t registered.
How Do You Register A Trade Mark In The UK?
If you want to use ® legally in the UK, you’ll need to register your mark. Here’s a simplified overview of the process and common pitfalls:
1) Check That Your Brand Can Be Registered
Not every sign is registrable. UKIPO will object to marks that are generic, purely descriptive of your goods/services, deceptive, or too similar to earlier registered marks. A clearance search reduces the risk of objections or disputes later.
2) Choose The Right Owner
Register the trade mark in the name of the entity that should own it long-term (e.g., your limited company rather than an individual founder). This makes funding, licensing, or sale simpler down the track.
3) Define The Scope With Nice Classes
You’ll need to pick the correct classes and draft the specification of goods and services. Get this right - if you make it too narrow, you’ll be boxed in; too broad, and you might face objections. Precision matters.
4) File With UKIPO
Once filed, your application is examined for absolute grounds (distinctiveness, descriptiveness, etc.) and then published for opposition. If no one opposes - or any opposition is dealt with - it proceeds to registration and you can add ®.
5) Keep It Alive
Trade marks can last indefinitely as long as you pay renewal fees every 10 years and keep using the mark. Non-use for a continuous five-year period can expose it to cancellation.
If you’re ready to secure your rights, a practical starting point is to register a trade mark for your business name or logo, and plan your brand rollout so you switch from TM to ® the day your certificate lands. For many founders, understanding trade mark registration costs and the timeline helps with budgeting and packaging lead times. If your main mark is a logo, you may also find it useful to read a quick guide on how to trade mark your logo and decide whether to file the name, logo, or both.
Protecting And Commercialising Your Brand After Registration
Registration is step one. To maximise value, think about enforcement, licensing, and expansion as part of your brand strategy.
Enforce Your Rights Proportionately
Monitor marketplaces, Google Ads, and social platforms for confusingly similar uses. If you spot a problem, start proportionately: gather evidence, assess the risk, and send a tactful cease-and-desist letter if needed. Because you’ve registered, you can rely on statutory rights rather than slower “passing off” claims.
Use Trade Mark Symbols Consistently Across Channels
Create a simple brand usage policy for your team and agencies so ® appears correctly on your website, packaging, app assets, and marketing collateral. If you operate in multiple countries, document when to use TM versus ® per market. As a quick refresher on practical symbol usage, many teams keep a cheat sheet covering ®, TM and related notices - for example, a short guide to using trade mark signs correctly alongside your style guide.
License Or Assign Your Trade Mark Cleanly
As your brand grows, you may license your trade mark to distributors, franchisees, or collaborators. A tailored IP Licence sets quality controls, fees/royalties, and territory rules so your brand isn’t diluted. If you ever transfer ownership to a newco or buyer, make sure the assignment is documented clearly - it can be helpful to understand the differences between licensing and assignment before you sign.
Think International Early
If you sell abroad or plan to, consider an international filing strategy. Options include filing in key countries individually or using the Madrid System designating the UK mark as a base. Tactically, you might start with your home market, then extend protection once product–market fit is clear. If expansion is on the cards, an International Trade Mark strategy helps align your packaging and symbol usage across borders.
Keep Related IP Notices Straight
Trade marks protect brands; copyright protects creative works like text, images, music, and video. It’s common to use ® or TM next to a brand name and a copyright symbol next to original content. For clarity on those notices, teams often keep short internal guides covering the copyright symbol and when statements like “All Rights Reserved” are appropriate.
What Happens If You Use ® Without Registration?
Under section 95 of the Trade Marks Act 1994, it’s a criminal offence in the UK to falsely represent that a mark is registered when it isn’t. That includes using ® (or similar wording) for a mark that’s unregistered in the UK, or for goods/services outside the scope of your registration.
Potential consequences include:
- Criminal liability and fines for falsely indicating registration;
- Regulatory or trading standards scrutiny; and
- Damaged credibility - which can undermine your position in any dispute.
To stay safe:
- Use TM until registration is granted.
- Only use ® for the exact mark and classes you’ve registered.
- Maintain a brand assets register so your team knows which artwork files carry ®.
If you discover ® has been used by mistake, update your assets promptly and consider issuing corrected artwork to suppliers and marketplaces. Aim for transparency and quick remediation.
FAQs: Quick Answers For Busy Owners
Do I Have To Use ® To Keep My Trade Mark Rights?
No. Your rights come from registration, not from displaying the symbol. But ® is useful for deterrence and communication.
Can I Use ® As Soon As I File My Application?
No. Wait until your mark is registered. During the application period, use TM.
What Does The Little R In A Circle Mean Next To A Logo?
It shows that the logo is a registered trade mark in the country where it’s used. In the UK, that means it’s on the UK trade mark register for specific goods/services.
What Does The R Mean On A Logo If I Sell In Multiple Countries?
Only use ® in the markets where you hold registration. In mixed markets, many businesses use TM on global assets and create market-specific variants with ® for registered territories.
Is ® Required On Every Mention Of My Brand?
No. Common practice is to use ® the first time a mark appears in body text and wherever the logo is shown prominently (e.g., headers, packaging). Keep usage consistent rather than repetitive.
Key Takeaways
- The R in a circle (®) means a trade mark is registered - it’s not the same as TM, which simply signals a claimed brand without legal status.
- In the UK, you can only use ® once your mark is registered with UKIPO for the relevant goods/services. Using it prematurely can be a criminal offence.
- Use TM while you build your brand and your application is pending. Switch to ® the day your trade mark is granted, and keep usage consistent across packaging, websites, and apps.
- Registering your brand gives you powerful, enforceable rights, plus flexibility to license, franchise, or sell. Start with a search, choose the right owner, draft a precise specification, and file in the correct classes.
- After registration, set up monitoring and brand usage rules, use clear agreements like an IP Licence if you let others use your mark, and plan international filings if you sell abroad.
- If you’re unsure whether to file your name, logo, or both, walk through the basics of trade marking a logo and factor in costs, timelines, and packaging cycles.
If you’d like help deciding when to use TM vs ®, clearing your brand, or filing your application, you can reach our friendly team on 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.


