What is the difference between a Trade Mark (TM), a Service Mark (SM) and a Trade Name?
– Trademarks are usually used on products. – Service Marks are used to label services. – Trade Names are used for business names that are different than the owner’s personal or corporate name. If registered with the federal trade register, no other entity can transact business under the same or misleadingly similar name in the same country. – Collective Membership Marks identify members of an organization. – Collective Trademark/Service Marks are used to identify the products or services of all of the members of an organization. – Certification Marks identify marks that are used by a party other than its owner to certify quality, origin, material, etc., of goods or services. To claim rights in an unregistered mark that has not been used by others, one should use the symbols TM (trademark for goods) or SM (service mark for services) to publicly communicate the claim in the utilized trade mark. The registration symbol ® (“R” within a circle) can only be used if the trademark is in fact r
