What is a Trademark and how does it differ from a service mark, trade name, and brand name?
Trademarks are part of the legal area called "Intellectual Property". Terms used in intellectual property are also commonly used in business and in every day language, however, when used in the intellectual property sense, their meanings are more specific. For intellectual property purposes:
- A trademark is a word, phrase, symbol, design, or combination of these that identifies and distinguishes the source of the goods of one party from those of others. The mark appears on the product or its packaging.
- A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product; a service mark appears in the advertising for the service. In this Libguide, "trademark" will be used to denote both service marks as well as trademarks unless stated otherwise.
- A trade name is the formal name of a business. A business may use all or part of its trade name as a mark on its products or services. Although "trade name" and "trademark" are interchanged frequently in common language, for this Libguide "tradename" is only used to designate a business' name.
- A brand name is the commercial name given by a business to its product. The brand name may be the same as the trademark (mark on a product or service that identifies its source) or tradename (name of a business). The term "brand name" often appears in business material but for this Libguide, the term "brand name" will not be used unless the product under discussion has a brand name that is different than the trademark.
Agencies at both the federal and state levels are responsible for trademarks in the U.S.
- If the trademark is used (or is intented to be used) in interstate commerce or in commerce between the U.S. and a foreign country, it may be registered with the U.S. Patent and Trademark Office.
- Trademarks used solely in local commerce within Arizona, may be registered with the Arizona Secretary of State.
- Trade names/business names are only registered at the state level; there is no federally kept register. In Arizona, trade names are registered with the Arizona Secretary of State and filings for incorporation of an Arizona business and organization of a limited liability company are handled by the Arizona Corporation Commission. For other states, see list of state trademark registration agencies.
Each country has its own laws on trademarks. See the following web site to find the Intellectual Property Offices of different countries.
The Madrid System for the International Registration of Marks provides a means for citizens of member countries to file one application for trademark protection in many countries; the U.S. is a member. These international registrations are administered by the World Intellectual Property Organization (WIPO).