What Is The ™ Symbol? (2026 Updated)

If you’re building a brand in New Zealand, you’ve probably seen the ™ symbol next to a business name, product name, tagline, or logo.

It can feel a bit mysterious at first: does it mean the brand is “official”? Is it a legal requirement? Can you just add it yourself? And what’s the difference between ™ and ®?

This guide breaks it all down in plain English, including what the ™ symbol does (and doesn’t) do, when you should use it, and how it fits into the bigger picture of protecting your IP. We’ve kept this information current for modern branding and online selling risks, so you can make decisions confidently.

What Does The ™ Symbol Mean In New Zealand?

The ™ symbol stands for trade mark. In practical terms, it’s a way of telling the public:

• “We’re using this word/logo/slogan as a brand identifier”; and
• “We consider this to be our trade mark (even if it’s not registered).”

In New Zealand, you can generally use the ™ symbol even if you haven’t registered your trade mark. That’s because in many cases, trade mark rights can also arise through use (often called “common law” rights or rights under the law of passing off and the Fair Trading Act).

That said, the ™ symbol itself doesn’t create trade mark rights on its own.

Think of ™ as a flag. It’s you signalling your claim to the brand. Whether you can actually stop someone else using something similar will depend on the strength of your underlying rights (and registration is usually the strongest option).

What Can You Put ™ Next To?

You can use ™ for any sign you’re using “as a trade mark”, such as:

• Your business name or trading name
• A product name or service name
• Your logo
• A tagline or slogan
• A distinctive label, packaging feature, or series name

It’s most appropriate when the name/logo is being used to identify the source of the goods or services (i.e. “this comes from us”).

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

This is where a lot of business owners get caught out.

™ is used to indicate you’re claiming something as a trade mark, whether or not it’s registered.

® is used to indicate the trade mark is registered. In New Zealand, that generally means registered with the Intellectual Property Office of New Zealand (IPONZ).

Can I Use ® If I’m Not Registered?

You should be very careful here. Using ® when you don’t have a registered trade mark can be misleading, and in some situations could create legal risk (including under the Fair Trading Act 1986, which prohibits misleading or deceptive conduct in trade).

If you’re not sure whether your mark is registered (for example, if you bought a business, changed ownership, or had an agency file it), it’s worth confirming the registration details before using ®.

Is ™ “Weaker” Than ®?

In a branding sense, ™ can look official, but legally it’s not the same as registration.

Registration gives you clearer, more enforceable rights, including the ability to rely on the Trade Marks Act framework and to deter copycats more easily. ™ can still be useful (especially early on), but it’s not a substitute for registering a trade mark if the brand matters to your business.

If your brand is central to your business value (for example, you sell online, you franchise, or you plan to scale), trade mark registration is often one of the best “set it up right from day one” steps you can take.

Do I Have To Register A Trade Mark To Use ™?

No. In New Zealand, you don’t need a registered trade mark to use the ™ symbol.

But the more important question is: should you register?

Registration is usually worth considering if:

• You’re investing in marketing and want to protect that investment
• You’re building a brand that customers specifically recognise and search for
• You’re selling through a website, marketplace, or social media (where copycats can pop up fast)
• You want a stronger position if someone uses a similar name or logo
• You plan to license the brand, franchise, or sell the business later

It can also help with commercial confidence. For example, suppliers, distributors, and investors often feel more comfortable when key branding assets are protected.

Common Misunderstanding: “I Registered My Company Name, So I’m Covered”

Registering a company name on the Companies Office register isn’t the same as registering a trade mark.

A company registration helps you incorporate a legal entity, but it doesn’t automatically give you the exclusive right to use that name as a brand across New Zealand.

Similarly, registering a domain name or social media handle doesn’t automatically give you trade mark rights either.

That’s why businesses often take a broader “brand protection” view, alongside their entity set-up and legal documents such as a Company Constitution (where relevant) or founder arrangements.

When Should You Use The ™ Symbol (And When Should You Avoid It)?

The ™ symbol is most useful when you’re actively building a brand and you want to put others on notice that the name/logo is being used as a trade mark.

Good Times To Use ™

• Before registration, while you’re testing the market but want to start claiming the brand
• During the registration process, while an application is pending
• For unregistered brand elements you still treat as trade marks (like a slogan)
• When launching a new product line under a distinctive name

It can also act as a gentle deterrent. Many copycats look for “easy targets”, and seeing ™ can be one extra signal that you’re paying attention to IP.

When To Be Cautious With ™

Even though you can usually use ™ without registering, it’s not a free-for-all. You should avoid using ™ if:

• You’re using a term that is very generic or descriptive (e.g. “Best Coffee” for a café)
• You know (or suspect) another business already uses a very similar name/logo in your space
• You’re trying to use ™ to “claim” a competitor’s brand or a famous brand (this can escalate into a dispute quickly)

Also remember: using ™ doesn’t protect you from infringing someone else’s rights. If your branding is too close to someone else’s registered trade mark, you can still be forced to rebrand.

That’s why businesses often do proper clearance checks and get tailored advice before rolling out signage, packaging, and websites at scale.

What Legal Protection Do You Actually Get If You Use ™?

Using ™ can support your position that you’re using the sign as a trade mark. But the legal strength of your protection usually comes from:

• Registration (strongest and clearest option)
• Reputation and goodwill built through genuine use in the market
• Consumer law protections if someone misleads customers into thinking their business/products are associated with yours

Fair Trading Act 1986 (Misleading Or Deceptive Conduct)

The Fair Trading Act 1986 can apply where another trader’s conduct misleads or deceives (or is likely to mislead or deceive) customers.

In brand disputes, this often comes up when a competitor uses a similar name, branding, or marketing that causes confusion in the market.

Using ™ won’t automatically prove you have rights, but it can be part of the overall context showing you treat the branding as a trade mark and want it recognised as yours.

Passing Off (Protecting Your Goodwill)

“Passing off” is a common law action that can protect your brand reputation where someone misrepresents their goods/services as being yours (or connected to you), causing damage.

To rely on passing off, you generally need to show you have built up goodwill and that customers associate the branding with your business. This can be harder (and more expensive) to prove than relying on a registered trade mark.

Online Marketplaces And Brand Enforcement

If you sell online, brand issues can move fast: copycat listings, impersonation pages, and confusingly similar ads can appear overnight.

Registration often gives you a clearer basis to complain to platforms and request takedowns. ™ can still help as a “marker”, but enforcement usually becomes easier once you have registration in place.

And if you’re collecting customer information through your website or online store while you grow your brand, don’t forget your privacy obligations too. A clear Privacy Policy is a common starting point for online compliance.

How Do I Use ™ Correctly In Practice?

There’s no one mandatory format in New Zealand, but consistency matters. Here are practical tips that work well for most small businesses.

Where Should I Place The ™ Symbol?

• Usually to the top right of the word/logo (e.g. BrandName™)
• Sometimes to the bottom right if it looks cleaner in your design

You don’t need to use it every single time the name appears. Many businesses use ™ on:

• The first or most prominent use on a page (website header, packaging front, brochure cover)
• Key marketing assets (ads, social media brand tiles, product labels)
• Launch announcements and major brand moments

Should I Use ™ For My Business Name Or My Product Name?

Potentially both, if both are used as trade marks.

For example:

• Business name: “Kowhai Studio™”
• Signature product line: “Glow Drops™”

If your business has multiple products under the one umbrella brand, you might prioritise the main house brand first.

What If I’m A Sole Trader Or Partnership?

Your legal structure doesn’t stop you from using ™.

Whether you operate as a sole trader, partnership, or company, the key question is whether you’re using a sign to distinguish your goods/services from others.

If you’re operating with a co-founder or business partner, it’s also worth getting the ownership of your IP and branding clear early (including who owns the trade mark and what happens if someone leaves). This is often dealt with in documents like a Founders Agreement or a Partnership Agreement, depending on how you’ve set things up.

Does ™ Protect My Logo Copyright Too?

Not exactly.

Trade marks and copyright are different types of IP:

• Trade marks protect branding used to distinguish goods/services in trade (names, logos, slogans, etc.)
• Copyright protects original creative works (like artwork and logo designs) from being copied

A logo can be protected by copyright automatically if it’s original, but trade mark registration is often still important because it targets brand confusion and “lookalike” branding in commerce.

If you’ve hired a designer or contractor to create your logo, make sure you have clear written terms about ownership and permitted use, so there’s no ambiguity later. That might sit inside a broader Service Agreement (or another tailored contract) depending on how the work was engaged.

Key Takeaways

• The ™ symbol indicates you’re claiming a word, logo, or slogan as a trade mark, and you can generally use it in New Zealand even if the trade mark isn’t registered.
• The ™ symbol doesn’t create trade mark rights by itself; the strength of your protection depends on registration and/or the reputation you’ve built through use.
• ® is different and should generally only be used if your trade mark is registered, otherwise it may create legal risk (including under the Fair Trading Act 1986).
• Using ™ can be a smart “from day one” step when launching a brand, but it won’t stop you from infringing someone else’s trade mark if your branding is too similar.
• If your brand is a valuable business asset, trade mark registration is often worth considering to make enforcement clearer and reduce rebranding risk.
• Brand protection works best when it’s part of your broader legal foundations, including clear ownership documents (like a Founders Agreement or Partnership Agreement) and online compliance basics like a Privacy Policy.

If you’d like help protecting your brand, registering a trade mark, or getting your IP ownership and contracts sorted, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.