text: can i use the tm symbol for my brand that has not been registered yet? i live in england and would like to register my trademark. is it legal for me to use the tm symbol until my trademark application has been successful? the ™ or sm symbol is to be used for marks that either have a pending trademark application or for marks that are simply claiming the rights to the mark.  the ® symbol is to be used for marks that have a registered trademark.  hope that helps! i wish you much success & happiness in all your ventures!