What is the difference between a business name and a trademark or service mark?
The name that a business uses to identify itself is called a “trade name”. This is the name the business uses on its stock certificates, bank accounts, invoices, etc. If, however, a business uses its name to identify a product or service produced by the business, the name will then be considered a trademark or service mark. If a trade name is used as more than just the company name and informs consumers where a product or service is coming from, then it is being used as a trademark or service mark. For example, if the name is used as a noun, (“You can get your traveler’s checks from American Express”), it is a trade name; if used as an adjective, (“You can get your American Express traveler’s checks here”), it is a trademark.
