Service marks are similar to trademarks, except that service mark protect the association between some type of good with a word, a symbol, a color, a sound, or some combination thereof.
Trade names protect the name of a business.
Trademarks, service marks, and trade names provide the owner with the right to prevent others from using an identical or confusingly similar mark or name.
Trademark, service mark, or trade name protection can last for an unlimited duration.
Trademarks, service marks, and trade names are protected by two different sets of sometimes overlapping laws, state law and federal law. Consequently, a party seeking to enforce a trademark, a service mark, or a trade name may have the option of suing in either federal court or in state court.
Trademarks may be registered with the USPTO or in individual states. Registration is not mandatory because protection begins as soon as a person begins using a mark in association with a good or service. However, registration does provide several advantages.
Registration with the USPTO is also desirable if a party intends to use a mark with a good or service, but has not actually done so to date.
A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.
The USPTO categorizes marks into four different groups: trademarks; service marks; certification marks; and collective marks.
Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods.
A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark that indicates membership in a union, an association, or other organization.
a trademark or service mark.Domain names are generally registered through a private domain name
registrar, but may also be registered as a trademark or service mark
when they function as a trademark or a service mark.