Do I Need To Use The Registered Trademark Symbol? (2026 Updated)

You’ve registered your trade mark, your branding looks sharp, and you’re ready to show the world you mean business. Then you notice other brands using little symbols like “™” and “®” and wonder: do you have to use them too?

It’s a common question for NZ business owners, especially as online selling and brand copying have become much more visible (and much easier) in recent years. This guide is updated to reflect current, practical trade mark use in New Zealand so you can confidently brand your products, website and marketing without overthinking it.

Let’s break down what the registered trade mark symbol means, when you can use it, whether you need to use it, and the risks of getting it wrong.

What Does The ® Symbol Actually Mean In New Zealand?

The “®” symbol is shorthand for: this trade mark is registered. In other words, it signals that you (or your business) have a registered trade mark right for that brand name, logo, slogan, or other mark.

In practical terms, using “®” is a public notice to customers and competitors that:

• you have formally registered the trade mark (not just started using it), and
• you can generally stop others from using the same or a confusingly similar mark in relation to similar goods/services.

It’s also worth knowing what the ® symbol doesn’t mean:

• It doesn’t automatically mean you “own” every use of the word/logo in every context.
• It doesn’t replace the need to actively enforce your rights if someone infringes.
• It doesn’t guarantee your mark can’t be challenged (for example, if someone believes it shouldn’t have been registered).

In NZ, trade mark protection is governed by the Trade Marks Act 2002. Trade mark registration is typically handled through IPONZ (the Intellectual Property Office of New Zealand).

Do I Have To Use The Registered Trademark Symbol?

In most cases, no - you don’t have to use the ® symbol in New Zealand simply because your mark is registered.

A registered trade mark right exists because it’s registered, not because you display the symbol. So if you never use ® on your website or packaging, you still generally keep the legal rights that come with registration.

That said, using ® can still be a smart commercial move.

Why You Might Choose To Use ® Anyway

Even though it’s not mandatory, many businesses use ® because it can:

• Put competitors on notice and reduce “innocent” copying.
• Strengthen your brand credibility (particularly in retail and ecommerce).
• Support enforcement by making it harder for an infringer to say they didn’t realise it was protected.
• Help in marketplaces (some platforms respond faster to take-down requests when you can show registration).

If you’re building a brand you want to grow, license, or potentially sell later, your trade mark strategy often sits alongside your wider legal foundations (like a Company Constitution or a Shareholders Agreement if you have co-founders or investors).

Why You Might Not Use ® (And That’s Still Fine)

Some businesses decide not to use ® because:

• they want a cleaner packaging or design aesthetic,
• they’re using multiple marks and it becomes cluttered,
• they’re still clarifying what’s registered and what isn’t (which is important), or
• they operate in a market where it’s not commonly used.

The key is that your use should be accurate. Which brings us to the biggest trap.

When Can I Use ™ vs ® (And What About ©)?

These symbols are often mixed up, but they protect different things and send different signals. Getting them right matters, especially when your branding appears across a website, labels, social media, invoices, and contracts.

™ (Trade Mark) Symbol

“™” generally means: we’re claiming this as a trade mark.

You can usually use ™ even if you haven’t registered the mark yet. It’s commonly used when:

• you’re building brand recognition and want to “flag” your brand as protected,
• your trade mark application is pending, or
• you’re relying on unregistered rights (which can exist through use, but are generally harder to enforce than registered rights).

In NZ, it’s common to see ™ used for brands that are still growing or in the process of applying for registration.

® (Registered Trade Mark) Symbol

“®” generally means: this trade mark is registered.

You should only use ® where the specific mark is actually registered (and you’re using it in connection with goods/services covered by that registration).

If you’re not sure whether your registration covers the way you’re using the mark (for example, you registered a logo for clothing but now you’re using it for skincare), it’s worth getting advice before relying on ® everywhere.

© (Copyright) Symbol

“©” is different again. It relates to copyright, which can protect original creative works like:

• website copy, photography, videos, illustrations,
• product packaging artwork (as an artistic work), and
• documents and written materials (depending on what they are).

Copyright doesn’t protect a “brand” in the same way a trade mark does. It’s possible that your logo is protected by copyright and

What Are The Risks If I Use ® Incorrectly?

This is where business owners can accidentally create problems for themselves.

If you use the registered trade mark symbol when your mark isn’t actually registered, you can expose your business to legal and reputational risk. At a practical level, it may also backfire if you later need to enforce your IP rights and the other side points to misleading claims you’ve made about registration.

Misleading Conduct Risk Under NZ Consumer Law

Using ® when you don’t have a registration could be seen as a representation to the market that you have legal rights you don’t actually have.

Depending on the context, that can raise issues under the Fair Trading Act 1986 (for misleading or deceptive conduct in trade). That’s not where you want to end up over something that’s easily avoidable.

This matters even more if your brand claims are tied to marketing and sales pages. If you run an online store, your legal compliance might also include having fit-for-purpose website terms and customer policies, such as Website Terms and Conditions and a clear Privacy Policy (especially if you collect customer data through checkout, email lists, or cookies).

Brand Credibility And Commercial Risk

Even if nobody takes legal action, incorrect ® use can still create headaches:

• A competitor may call it out publicly or in negotiations.
• A distributor, investor or partner doing due diligence may see it as a “red flag”.
• If you operate in regulated or trust-heavy sectors, accuracy in claims is part of brand reputation.

In short: if you’re going to use ®, make sure it’s correct for the exact mark and the way you’re using it.

Where Should I Put The ® Symbol (And How Often)?

There’s no single “perfect” rule for how often to use the ® symbol. The goal is usually to provide clear notice without making your branding look cluttered.

Many businesses adopt a simple internal guideline, such as:

• Use ® on the first or most prominent use of the mark on a page (for example, your homepage header, product page title, or brochure cover).
• Use ® on packaging in a clear but unobtrusive spot (for example, near the brand name or in the footer of the label).
• Use ® in brand guidelines provided to staff, contractors, or marketing agencies.

Common Places Businesses Use ®

• Website: in the header logo area, product name headings, or website footer.
• Packaging and labels: near the brand name or logo.
• Social media bios: sometimes used, but often omitted to keep profiles clean.
• Pitch decks and sales collateral: especially when speaking to partners or investors.
• Marketplaces: product listing titles or images (where allowed by platform rules).

Should I Use ® In My Business Name On The Companies Register?

Generally, the ® symbol is about how you present and use the trade mark in commerce, not how your legal entity name appears on official registers.

Also, remember that your company name (registered with the Companies Office) is not the same thing as a registered trade mark. You can have a company name that doesn’t give you trade mark rights, and you can have a registered trade mark that differs from your company name.

If you’re setting up or restructuring, it’s worth checking how your ownership, brand, and IP will fit together - for example, you might want a company structure that supports growth, or clear ownership rules between founders using a Founders Agreement.

Practical Tips For Using The Registered Trademark Symbol Safely

If you want to use ® confidently (and avoid the common pitfalls), here are a few practical steps you can put in place from day one.

1. Confirm Exactly What Is Registered

It sounds obvious, but it’s the number one place people slip up.

Ask yourself:

• Is it the word that’s registered (e.g. “YOURBRAND”), the logo, or both?
• Is your registration in the right classes (goods and services categories) for what you’re currently selling?
• Are you using the mark in the same form as registered, or has it evolved?

If you’ve modernised your logo or adjusted your brand wording over time, it may be safer to use ™ until you confirm registration coverage (or consider filing a new application).

2. Decide On A Consistent Brand Rule

Consistency makes compliance easier. For example:

• Use ® on your primary logo across your website and packaging.
• Use ™ on sub-brands, taglines, or product names that aren’t registered (yet).

This is especially useful if you have multiple product lines or if different team members create marketing content.

3. Keep Your Marketing Accurate (Especially Online)

Online branding moves fast. One Canva update, one new product page, or one outsourced social post can accidentally introduce incorrect ® usage.

To reduce risk:

• Include trade mark symbol rules in your brand guidelines.
• Review templates used by staff and contractors (email signatures, packaging layouts, social templates).
• Spot-check high-traffic pages (homepage, best-selling product pages, ads).

If you’re working with external marketers, designers or developers, it’s also a good idea to have a written agreement that clearly covers IP and deliverables (so you own what you pay for). Depending on the setup, documents like a service agreement can help avoid confusion about ownership and usage rights.

4. Don’t Over-Claim Rights You Don’t Have

Trade marks are powerful, but they’re also specific.

Try to avoid broad statements like “we own this brand worldwide” or “all uses are prohibited” unless that’s genuinely accurate. If you’re doing business internationally (or selling to international customers), trade mark protection often needs a separate strategy in each key market.

5. Get Your Legal Foundations Right Around The Brand

Trade marks don’t exist in isolation. Your brand is usually tied to:

• who owns the mark (you personally vs your company),
• who is allowed to use it (employees, contractors, distributors), and
• how you’ll deal with disputes or changes in the business.

For example, if you hire staff to create content or manage marketing, make sure you’ve got a clear Employment Contract in place so responsibilities and IP-related expectations are documented properly.

And if your brand is a major asset, you may also want to think about how it’s protected and commercialised through the right contracts and ownership structure early - it’s much harder (and more expensive) to fix later.

Key Takeaways

• You generally don’t have to use the ® symbol in New Zealand, even if your trade mark is registered.
• The ® symbol means the trade mark is registered, while ™ can be used to indicate you’re claiming trade mark rights even if you haven’t registered yet.
• Using ® incorrectly can create legal risk, including potential issues under the Fair Trading Act 1986 if it misleads others about your rights.
• It’s usually best to use ® strategically (for example, on key packaging and the first prominent use online) rather than adding it everywhere.
• Before using ®, confirm what’s actually registered (word mark vs logo, and the relevant goods/services classes), especially if your branding has changed over time.
• Trade marks work best when they’re part of solid business foundations, including clear ownership, consistent brand rules, and the right contracts with staff and contractors.

If you’d like help with trade mark strategy, branding ownership, or making sure your business is legally protected from day one, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.