Types of Marks
The term “mark” or “trademark” is generally used to refer to all categories of trademarks.
The various types of trademarks include:
A trademark includes any word, name, symbol, or device, or any combination, used, or intended
to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from
goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark
is a brand name.
A service mark is the same as a trademark except it identifies and distinguishes a service rather
than a product. It is any word, name, symbol, device, or any combination, used, or intended to be
used, in commerce, to identify and distinguish the services of one provider from services provided
by others, and to indicate the source of the services.
A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional
or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics
of someone’s goods or services, or that the work on the goods or services was performed by members
of a union or other organization.
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 which indicates membership in a union, an association, or other organization.
Trade dress refers to the identifying features of a product or service’s distinctive packaging, shape or the product itself and identifies that product or service in the marketplace. Trade dress can be protected by federal trademark law.
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