™ vs ® in South Africa: which symbol may you use, and when?
What the two symbols mean, who may use each one in South Africa, how to type them – and why using the R on an unregistered mark is a criminal offence.
The short answer: anyone may use ™ on a brand they claim – no registration needed. The ® symbol is reserved for registered trade marks: using it on an unregistered mark is an offence under the Trade Marks Act. While your application is pending, use ™; switch to ® when your certificate issues.
Copy the symbols: ™ ® © – or see the typing table below for keyboard shortcuts in Windows, Mac and Word.
What each symbol means
- ™ (trade mark) – a public claim that you treat this name or logo as your brand. It signals your claim to the market from day one and costs nothing to use.
- ® (registered) – the mark is on the register at CIPC (or the relevant country’s registry) for the goods or services in question. It tells competitors your rights are official and enforceable as statutory rights in that country or area and for those goods or services.
- © (copyright) – a different right entirely: it marks creative works (text, images, code), not brand names. Logos can carry both copyright and trade-mark protection.
- ℠ (service mark) – an American convention for services. South African practice does not distinguish: ™ is used for goods and services alike.
When you may use ® in South Africa
Only once the trade mark is registered – meaning your application has been examined, accepted, advertised and entered on the register, and your certificate has issued – and only for those goods and services it has been registered for. A pending application is not a registration: filing gives you a priority date and a place in the queue, but the mark is not yet “registered” in the legal sense.
The Trade Marks Act 194 of 1993 makes it a criminal offence (up to twelve months in prison) to falsely represent an unregistered mark as registered – and using ® is exactly such a representation. The safe rule: ™ while pending, ® once the certificate issues.
Registration is territorial. A mark registered in the United States but not in South Africa should not carry ® here – and your South African registration does not entitle you to ® in markets where you have not registered.
Using ™ – free, immediate, and worth doing
You may put ™ next to any name, logo or slogan you genuinely use as a brand – today, without filing anything. It has no formal legal effect, but it does real work: it warns competitors that you claim the brand and it supports the record of your use. South African law protects brands through use and reputation as well as through registration (which registration being a much stronger right and cheaper to enforce) – rights here are built on genuine first use and registration then adds enforceable national rights on top without your having to prove years of trading.
If the brand matters, do not stop at the symbol: an unregistered claim still has to be proven the long way. Registration from R2,990 makes the claim official.
© is a different thing altogether
© is the copyright symbol. It has nothing to do with trade marks, and the two protect different things. A trade mark protects the badge you trade under. Copyright protects an original work – the wording on your packaging, the artwork in your logo, a photograph, a piece of music, software code.
You do not register copyright in South Africa. There is no copyright register and no application to file. Copyright arises automatically the moment an original work is created in a material form, under the Copyright Act 98 of 1978. The only exception is a narrow register for cinematograph films. So anyone offering to “register your copyright” in South Africa is selling you something that does not exist.
Because it arises automatically, anyone may use © on their own original work. Unlike ®, there is no offence in using it – there is simply nothing to qualify for. The conventional notice is © 2026 Your Company Name, and it is optional: your rights exist with or without it. It is worth including because it tells people the work is claimed and it records the year.
A logo can carry both. The artwork may be protected by copyright as an original artistic work, while the logo used as a brand may be protected as a trade mark – and only the trade mark can be registered. One important practical point: if a designer created your logo, the copyright usually belongs to the designer unless it was assigned to you in writing. Registering the trade mark does not transfer that copyright. Ask for a written assignment when you commission a logo.
How to type ™, ® and ©
| Symbol | Copy it | Windows | Mac | Word / Google Docs |
|---|---|---|---|---|
| ™ trade mark | ™ | Alt + 0153 | Option + 2 | type ™ – autocorrects |
| ® registered | ® | Alt + 0174 | Option + R | type (r) – autocorrects |
| © copyright | © | Alt + 0169 | Option + G | type (c) – autocorrects |
On Windows, hold Alt and type the digits on the numeric keypad. On phones, press-and-hold the R or TM key on the symbols keyboard, or copy the characters from the row above.
Where to put the symbol
- Directly after the mark, usually superscript: BRANDLAW™ or BRANDLAW®.
- Use it at the first or most prominent mention on a page, label or advert – repeating it on every mention clutters the text and adds nothing.
- No law requires the symbol at all. Your rights do not lapse if you omit it; it is notice, not a condition. It simply makes your claim visible – and ® in particular deters copycats.
Does the symbol itself create rights?
No. ™ and ® announce rights; they do not create them. Rights in South Africa come from two places: genuine use of the mark in trade (which builds common-law protection through reputation), and registration at CIPC (which grants statutory, nationwide rights you can enforce without proving years of trading). The symbol is the label on that box – worth using, but never a substitute for the contents.
Frequently asked questions
Can I use ™ without registering a trade mark?
Yes. ™ is free for anyone to use on a brand they genuinely claim. It has no formal registration requirement and no cost.
Is it illegal to use ® if my mark is not registered?
In South Africa, yes – the Trade Marks Act makes it an offence to falsely represent an unregistered mark as registered, and the ® symbol makes exactly that representation. Use ™ until your certificate issues.
My application is pending – ™ or ®?
™. A pending application is not yet a registration. Switch to ® when the mark is entered on the register and your certificate issues – typically around 24 months from filing in a smooth case.
Do I have to use the symbol at all?
No. Your rights do not depend on displaying ™ or ®. The symbols are notice to the market – useful, especially ®, but optional.
What is the ℠ symbol?
A service-mark symbol used mainly in the United States for service businesses. In South Africa ™ covers goods and services alike; you can safely ignore ℠.
Can I use ® in other countries once I register in South Africa?
Only in countries where the mark is actually registered. Trade-mark rights are territorial – a South African registration covers South Africa. If you trade abroad, register in those markets too; we arrange foreign filings through our agent network.
Sources
- Trade Marks Act 194 of 1993 (PDF) – including the provisions on false representation that a mark is registered
- Guideline on the Examination of Trade Marks (PDF)
We host copies of the official texts so they are always reachable. The Act and Regulations are the law itself; the guidelines are how the Registrar’s examiners apply it in practice.
Written and reviewed by
Stephan Viollier – Trade Mark & IP Attorney, SAIIPL-certified, admitted in South Africa and the United States (New York)
This page explains South African trade mark practice in general terms. It is information, not legal advice on your particular mark – for that, talk to us.
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The trade mark glossary sets out the rest of the vocabulary, including registered trade mark and common-law rights.
