What is the difference between a trademark and a service mark?
A trademark identifies the source of goods, while a service mark identifies the source of services.
Examples:
Trademark: A brand name used on clothing, electronics, or food products.
Service Mark: A brand name used for consulting, landscaping, or cleaning services.
In practice, the term "trademark" is often used to refer to both trademarks and service marks.
In U.S. trademark law, the core question is whether consumers understand a word, name, logo, slogan, design, or other indicator as identifying the source of particular goods or services. Trademark protection is therefore connected to branding and consumer recognition, not ownership of a word or design in every possible context.
A federal trademark application is reviewed by the United States Patent and Trademark Office (USPTO), the federal agency that examines trademark applications and maintains the federal trademark register. Filing an application does not guarantee registration; the USPTO reviews whether the mark meets federal requirements and whether there are legal conflicts or other issues.