™ or ®: which can I use?
Use ™ any time to show you treat a name as your brand. Use ® only once your trade mark is registered, and only for the goods and services it is registered for.
The rule in the UK
- ™ has no legal status. Anyone can use it, registered or not.
- ®, or the word “registered”, says the mark is registered. Once registered, gov.uk says you can put ® next to your brand to show it is yours.
Section 95 of the Trade Marks Act 1994 makes it an offence to falsely represent that a mark is registered, or to make a false statement about the goods or services it is registered for, knowing or having reason to believe it is false. The penalty is a fine.
While your application is pending
An application is not a registration. Use ™ until the mark is registered, usually about 3 to 4 months after filing if nobody opposes. A mark registered only in another country is an exception the Act allows, but say where it is registered.
Price with us: £374 all-in for one class (our fee £169 + the £205 UKIPO fee). Extra classes: £135 each (our £75 + UKIPO's £60), up to 3 classes; for 4 or more we quote. You pay first; if our check says High risk and you decide to stop, we refund everything except £39.
Can you register your name?
Send us the name and what you sell. We look at the UK register for identical and similar marks and email you the result, usually within 1 working day. Free, no obligation.
Can I use ® before my trade mark is registered?
No. Using ® or “registered” for an unregistered mark in the UK can be an offence under section 95 of the Trade Marks Act 1994.
Can I use ™ without registering?
Yes. ™ has no legal status and anyone can use it.
When can I start using ®?
Once UKIPO has registered your mark, for the goods and services it covers.
Checked 11 November 2026. We are a private filing service, not UKIPO, and this is general information, not legal advice.