What Is a Trademark or Service Mark?

Barsik Law Office

In a previous blog article, we talked about patents. This article talks about trademarks and service marks.

A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and service marks.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office.

Barsik Law provides a full array of trademark services. If you need help registering or enforcing a trademark or service mark, please contact me today.