Tips from the Trademark Insider: Know the Difference Between the 4 Types of Trademarks

Everyone uses the term Trademark to identify their brand. But did you know that there are actually four different types of trademarks? Here's an overview of each:

Trademarks.

An actual 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 used in connection with goods (e.g., Nike for shoes, Ford for automobiles, Microsoft for software).

Although generally used to refer to all four classes of marks, the true nature of the trademark is as a brand identifier for actual goods alone.

Service Marks.

A service mark 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.

So trademarks are for goods. Service marks are for services. In reality, some of the most famous "trademarks" are actually service marks. Marks such as McDonalds for restaurant services, American for airline services, and Google for search engine services are all service marks, not trademarks.

Certification Marks.

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 or labor on the goods or services was performed by members of a union or other organization.

Some example of certification marks would be the Energy Star logo for energy efficient items, the Organic mark certifying certain foods to be organically grown, and the certified NSF designation.

Collective Membership Marks.

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.

Marks such as Realtor for real estate services, FTD for floral services, and AARP for advocacy services.

The Trademark Company