Trade marks are powerful business assets. They protect brand names, logos, slogans, and other distinctive signs that distinguish one business from another. Yet many business owners are unsure about the difference between the symbols ™ and ®, and when each may legally be used. Misusing these symbols can create legal risk, while using them correctly strengthens your brand protection strategy.

What Is a Trade Mark?

A trade mark is a sign capable of distinguishing the goods or services of one enterprise from those of another. In South Africa, trade marks are regulated by the Trade Marks Act 194 of 1993 and are administered by the Companies and Intellectual Property Commission (CIPC).

Trade marks can include:

• Business names
• Logos
• Slogans
• Product names
• Shapes, colours, or even sounds (in certain cases)

NOTE: The symbols ™ and ® both relate to trade marks - but they do not mean the same thing.

What Does ™ Mean?

The ™ symbol stands for “trade mark.” It is used to indicate that a word, phrase, logo, or brand is being claimed as a trade mark — whether registered or not. Importantly:

• You do not need to register a trade mark to use ™.
• You may use ™ as soon as you begin using the mark in commerce.
• It signals to the public that you consider the mark to be your brand.

In South Africa, trade mark rights can arise through use (known as common law rights). Therefore, businesses often use ™ while their application is pending at the CIPC or even before filing.

However, using ™ does not mean the mark is officially registered. It simply indicates a claim of ownership.

What Does ® Mean?

The ® symbol stands for “registered trade mark.” It may only be used once the trade mark has been officially registered by the Companies and Intellectual Property Commission. This means:

• The registration process has been completed.
• The mark appears on the official trade marks register.
• The owner has statutory rights under the Trade Marks Act.

Using ® without having a registered trade mark is unlawful in South Africa and may constitute a criminal offence. It can also expose a business to reputational damage and legal penalties.

The ® symbol carries greater legal weight than ™ because it indicates enforceable statutory protection rather than merely a claim.

Key Differences Between ™ and ®

	™	®
Registration Required	No	Yes
Legal Status	Claimed mark	Officially registered mark
When You Can Use It	Generally none	Can be unlawful if falsely used

When Should You Use ™? You should use ™ when:

• You have started using a brand name or logo in commerce.
• Your trade mark application is still pending.
• You want to signal ownership to competitors and the public.
• You rely on common law trade mark rights.
• It is especially useful for startups and small businesses in the early stages of brand development.

When Should You Use ®? You may use ® only after:

• Your trade mark application has been approved.
• The registration certificate has been issued by the CIPC.
• The mark is fully registered in the relevant class of goods or services.
• Using ® strengthens your enforcement position because it publicly notifies others that the mark enjoys statutory protection.

Why Using the Correct Symbol Matters

Using trade mark symbols correctly:

• Deters potential infringers
• Strengthens brand credibility
• Demonstrates legal compliance
• Supports enforcement actions
• Incorrect use — particularly of ® — may undermine your legal standing and, in serious cases, lead to legal consequences.

Understanding the difference between ™ and ® is essential for every business owner. While ™ indicates a claim to a brand, ® confirms that the brand is officially registered and protected under South African law. If your business relies heavily on its brand identity, registering your trade mark through the Companies and Intellectual Property Commission is a strategic investment. Proper use of these symbols is a small detail - but one that carries significant legal importance.