TM vs ®: How To Use Trademark Symbols On Your Logo In New Zealand

If you’ve spent time perfecting your brand, your logo and brand name probably feel like some of your most valuable business assets.

Then you get to the part that trips up a lot of small businesses: Can you put TM on your logo? When can you use ®? And what happens if you get it wrong?

Don’t stress - once you understand what each symbol actually means in New Zealand, it becomes much easier to use them confidently (and avoid accidentally overstating your rights).

In this article, we’ll walk you through what TM and ® mean, when you can use each symbol, how to use them on a logo, and the practical steps you should take to protect your brand as you grow.

What Is A Trademark (And What Counts As A Trademark Logo)?

A trade mark (often written as “trademark”) is a sign you use to distinguish your goods or services from someone else’s. In New Zealand, trade marks are primarily governed by the Trade Marks Act 2002.

When people talk about a trademark logo, they’re usually referring to a logo (or a brand name used in a stylised way) that identifies their business in the market.

A trade mark can include things like:

• Business names and brand names
• Logos and symbols (including a trademark logo)
• Slogans and taglines
• Product names
• Packaging elements (in some cases)

From a practical business point of view, trade marks help you:

• build recognition and trust with customers
• avoid confusion in the market
• make it harder for competitors to copy your branding
• increase the value of the business (especially if you sell or raise investment later)

It’s also worth noting that a company name or domain name isn’t automatically a trade mark. You can have a registered company name but still be prevented from using it as a brand if it infringes someone else’s trade mark - so it’s smart to think about trade marks early, not as an afterthought.

TM Symbol Meaning: When Can You Use TM On Your Logo In NZ?

The TM symbol (sometimes searched as “tm sign” or “tm trademark”) is used to show you’re claiming something as a trade mark.

Here’s the key point:

• You can generally use TM even if your trade mark isn’t registered.

In other words, TM is not the same as having official registered rights. It’s more like a public “heads up” that you consider the brand name or logo to be part of your branding.

When Using TM Makes Sense

You might use TM if:

• you’ve started using a brand name or logo in the market and you want to signal it’s your brand
• you’ve filed an application and you’re waiting for registration (which can take time)
• you’re not ready to register yet, but you’re still building brand recognition

What TM Does (And Doesn’t) Do

Using TM can be useful from a branding and deterrence perspective, but it doesn’t automatically give you the same legal protection as a registered trade mark.

If there’s a dispute to sort out, a registered trade mark is usually far clearer and stronger evidence of rights than simply using TM.

That said, trade mark protection isn’t only about symbols - it’s about what rights you actually have and whether you can enforce them. This is why it’s important to make sure the underlying brand protection strategy is solid (not just the little letters next to the logo).

® Symbol Meaning: When Can You Use The Registered Trademark Symbol In NZ?

The ® symbol (often searched as “registered symbol” or “r trademark”) is different. It communicates something much more specific:

• ® means the trade mark is registered.

In New Zealand, you should only use ® if your trade mark has actually been registered (generally with IPONZ - the Intellectual Property Office of New Zealand).

If you use the registered trademark symbol when your trade mark is not registered, you can create legal and commercial risk. Even if it’s an honest mistake, it can still be misleading - and it may also breach the Trade Marks Act 2002 rules around representing that a mark is registered.

Why Using ® Incorrectly Is A Problem

If you put ® on your logo without registration, you risk:

• misleading customers (and potentially breaching the Fair Trading Act 1986, depending on the context)
• misleading competitors about your rights (which can escalate disputes quickly)
• exposing the business to consequences under the Trade Marks Act 2002 for falsely suggesting a trade mark is registered
• damaging trust in your brand if the claim is challenged

For a growing business, brand trust is hard-won - so it’s worth getting the basics right before your packaging, website, and marketing materials go out into the world.

How To Use Trademark Symbols On Your Trademark Logo (Practical Tips)

Once you know which symbol you can use, the next question is how to apply it to your branding in a clean and consistent way.

There’s no single mandatory format, but there are common best practices that make your logo look professional and reduce confusion.

1. Choose What You’re Marking (Logo, Name, Or Both)

Sometimes your logo is the trade mark. Sometimes the word itself is the trade mark. Sometimes you register both separately.

For example, you might use:

• Your brand name with TM or ® (if the name is the trade mark)
• Your logo with TM or ® (if the logo is the trade mark)
• Both, if you use them together and want to clearly claim both as trade marks

If you’re not sure what you’ve registered (or plan to register), it’s worth checking before you apply symbols everywhere - especially if you’ve evolved your branding over time.

2. Placement: Keep It Small And Clear

Most businesses place the symbol:

• at the top right of the logo or word mark (like a superscript), or
• at the bottom right if that looks cleaner

The goal is simple: it should be visible but not distracting.

3. Use It Consistently On Key Touchpoints

As a small business, you don’t have to put TM or ® on every single appearance of your brand. Many businesses focus on key locations, such as:

• your website header or footer
• packaging and labels
• quotes, proposals, and customer contracts
• marketing materials and downloadable PDFs

If you sell online, your website documents matter too. For example, your Website Terms and Conditions can include brand ownership wording that supports your overall protection strategy.

4. Don’t Use Symbols To “Fix” A Risky Name

This is a big one.

Putting TM on a logo doesn’t make it safe to use if it’s too close to someone else’s branding. If there’s a risk of confusion or infringement, the symbol won’t protect you - and might even draw attention to the fact you’re trying to claim rights in something you don’t actually own.

If you’re still choosing your name, it’s smart to do trade mark checks early. And if you’re already trading, it’s worth getting advice before you invest heavily in signage, packaging, or a rebrand.

Should You Register Your Trademark Logo In New Zealand?

Using TM can be a starting point, but registering your trade mark is usually the step that gives small businesses real confidence - especially once you’re investing serious time and money into your brand.

Registration matters because it can give you:

• clear, enforceable rights in New Zealand (for the goods/services you register in)
• stronger protection against copycats or confusingly similar brands
• an asset you can sell or license (which can be valuable when scaling)
• a basis for stopping others from registering something too similar

Imagine your business takes off - you start advertising, you get media attention, and customers associate your logo with quality. If another business pops up with a similar-looking logo, having registration can make it much easier to take action quickly.

If you’re ready to register, having a plan for your wider legal foundations helps too - like ensuring your business structure is right (for example, whether you have a Company Constitution in place if you’re operating as a company) and that ownership of the logo and branding is clearly documented.

Trade Mark Registration Is Not Just For Big Brands

A common misconception is that registration is only worth it once you’re “big”. But for many NZ businesses, the brand is one of the first valuable things they build - even before they have a large team or big revenue.

Registering early can be a smart move if:

• your brand name or logo is central to your business identity
• you’re investing in marketing and packaging
• you’re planning to expand into new regions or product lines
• your business relies on reputation (e.g. professional services, health and wellness, hospitality, ecommerce)

Common Mistakes Small Businesses Make With TM And ®

Trade mark symbols are small, but the misunderstandings around them can cause big headaches. Here are some of the most common issues we see.

Using ® Before Registration Is Confirmed

This is the classic mistake. You might have filed your application and assumed that’s enough. But in NZ, you should generally wait until the trade mark is officially registered before using the registered symbol.

Assuming TM Means You “Own” The Trade Mark

TM is a notice - not a guarantee. If your brand is similar to someone else’s earlier trade mark, using TM won’t prevent an objection or dispute.

Not Clearly Owning The IP Internally

Even if your branding is original, you need to make sure the business actually owns it.

For example:

• If a contractor designed your logo, the contract should clearly assign IP to you.
• If you have co-founders, it should be clear who owns the brand and what happens if someone leaves.

This is where documents like a Founders Agreement can be helpful, because they can deal with ownership and control from the start (before there’s a disagreement).

Inconsistent Branding Across Platforms

If your logo changes slightly between your website, packaging, and social pages, you can accidentally weaken your brand identity - and in some cases create confusion about what you’re actually claiming as a trade mark.

It’s worth keeping a “brand kit” (even a simple one) that includes:

• the exact logo files you use
• colour codes and fonts
• guidelines on where TM or ® appears

Forgetting About Other Legal Areas That Affect Branding

Trade marks are a big piece of brand protection, but they’re not the only one. Depending on how you operate, your brand use may overlap with:

• privacy obligations (if you collect customer info through your site or mailing list)
• consumer law (how you describe your goods/services and what you promise customers)
• contracts (how you license your brand to partners, resellers, or contractors)

If your business collects personal information online, having a Privacy Policy is a practical step that also supports brand trust (because customers can see you take compliance seriously).

And if you’re hiring staff to help build or promote the brand, an Employment Contract can help set clear expectations around confidentiality and IP created during employment.

Key Takeaways

• TM can generally be used on your logo to show you’re claiming it as a trade mark, even if it’s not registered.
• ® should only be used once your trade mark is officially registered in New Zealand - using it too early can be misleading and risky (including under the Trade Marks Act 2002).
• A logo can be a valuable business asset, but the symbol you use doesn’t replace proper trade mark protection.
• Trade mark registration can give stronger, clearer rights and make it easier to stop copycats or confusingly similar brands.
• It’s important to make sure your business actually owns the logo and branding (especially if contractors or co-founders were involved).
• Trade marks work best as part of broader legal foundations, including clear contracts and compliant website documents.

This article is general information only and not legal advice.

If you’d like help protecting your logo, registering your trade mark, or making sure your brand ownership is properly documented, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.