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What exactly is a trademark?

The term “trademark” is often used to refer to any of the four types of marks that can be registered with the United States Patent and Trademark Office (USPTO). These four types of marks are registered trademarks, service marks, certification marks, and collective marks.

The two main (most popular) types of trademarks registered with the USPTO are trademarks and service marks. The term trademark means any word, name, symbol, or device, or any combination thereof, that a person uses to identify and distinguish his or her products, including a unique product, from those produced or sold by others. A trademark is used in association with a product. For example, the “Starbucks” logo of the mermaid in a circle found on Starbucks coffee cups is used in association with the product, coffee products. The trademark “Reebok” is used in association with athletic shoes.

service mark

The term “service mark” means any word, name, symbol, or device, or any combination thereof, used by an individual to identify and distinguish the services of one individual, including a unique service, from the services of others. . Therefore, a service mark is used in association with services. For example, the actual name “Starbucks” is used in association with retail store services in the field of coffee, tea, etc.

The other types of marks that can be registered with the USPTO are certification marks and collective marks.

certification mark

The term “certification mark” means any word, name, symbol or device, or any combination thereof, used by a person other than its owner, and certifies that the products or services in connection with which it is used possess certain defined characteristics. Such characteristics may include material, manner of manufacture, quality, precision, or other characteristics of such person’s goods or services. Unlike trademarks and service marks, the owner of a certification mark must not carry on a trade or business that involves the supply of goods or services of the certified type. The owner of the mark authorizes others to use the certification mark. For example, the use of a trademark by a union can certify that the work or labor on the goods or services was performed by members of that union. Another example of a certification mark is the “Energy star” logo that is placed on products that are considered energy efficient. This logo lets consumers know that the product they are purchasing has been certified by the United States Environmental Protection Agency (EPA) as energy efficient.

collective mark

The term “collective mark” refers to a trademark or service mark used by members of a cooperative, association, or other collective group or organization, and is often used by members of the organization to identify themselves with a level of quality or precision. , geographic origin or other characteristics established by the organization. An example would be the “CPA” mark, used to indicate members of the Society of Certified Public Accounts.

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