by Ronald J. Kransdorf, Peter C. Lando, Edward F. Perlman, David Wolf
What are trademarks and service marks?
A trademark identifies the products and a service mark identifies the services of a business.They distinguish such products or services from those of others.Collectively, trademarks and service marks are referred to as “marks.”What constitutes acceptable marks varies for different countries and may include words, names, symbols, logos, package shapes, designs, devices, fragrances, colors, or sounds.
What is the difference between trade names and trademarks?
A trade name is a name under which a company does business.”General Motors Corporation” is an example of a trade name.A trademark is the word or symbol under which a product or service is advertised and sold. “Chevrolet,” and “Pontiac” are examples of trademarks.
While the same word or name may function as a trade name and trademark, either in whole or in part, the two are legally distinct and serve different legal functions. Therefore, while a word or name may be clear for use as a trade name in a particular state or country, this does not mean that the word or name is available for use as a trademark.A separate clearance procedure must be performed for trademark purposes. More…