Dealing with trademark issues can be a bit intimidating if you are unfamiliar with the lingo. For instance, what’s the difference between a trademark and a certification mark? And what do all of those different designations mean?To help businesses get a handle on the terminology used when talking about trademark issues, this post offers a short summary of several key terms.
The Different Types of Marks
Trademark: A trademark is a word, phrase, symbol, or design, or a combination thereof, which identifies and distinguishes the source of the goods of one party from those of others.
Service mark: A service mark is a word, phrase, symbol or design, or a combination thereof, which identifies and distinguishes the source of a service rather than goods. However, the term “trademark” is often used to refer to both trademarks and service marks.
Certification mark: A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a certification mark is to indicate that certain standards have been met, others actually use the mark.
Collective membership mark: A collective membership mark is any word, phrase, symbol or design, or a combination thereof, which indicates that the user of the mark is a member of a particular organization. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a membership mark is to indicate membership, the members are the ones who actually use the mark.
Collective Mark: A collective mark is any word, phrase, symbol or design, or a combination thereof owned by a cooperative, an association, or other collective group or organization and used by its members to indicate the source of the goods or services.
The Different Trademark Designations
You can use the symbols TM for trademark or SM for service mark to indicate that you are claiming rights to the marks without having federal registration, although state rules may apply.
The Federal Registration Symbol ® can only be used after the mark is actually registered in the United States Patent and Trademark Office. While an application is pending, the registration symbol ® may not be used; you must wait until the mark is actually registered.
How We Can Help
Of course, this post provides only a brief overview of trademark terminology and the requirements for using various trademark designations. Before undertaking a trademark registration or using a trademark designation, it is often advisable to consult with an experienced intellectual property attorney.
At Sheldon Mak & Anderson, we recognize that innovation is your competitive edge – and it needs protection. As a full-service intellectual property firm with more than two decades of experience, we provide local, regional, national, and international legal services in the following areas: patents, trademarks, copyrights, trade secrets, IP litigation, international patent and trademark prosecution, licensing, alternative dispute resolution, and green technology.
Contact our knowledgeable intellectual property attorneys today TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) to find out how we can provide a powerful defense of your unique ideas.
