What is a Trademark or Service Mark?

Trademarks and service marks protect business names, brand names, logos, slogans, or other distinctive sights, smells, or sounds used to identify your goods or services.

Carson Patents®

6 Types of Marks Used to Register a Trademark

Both trademarks and service marks can come in the form of a word, phrase, symbol, design, or a combination of these things that identifies and distinguishes the source of the goods from the goods of other competitors. Check out our article on popular recognized trademarks. You will likely recognize the following well-known examples of different types of trademarks:

There are six different types of marks that can represent different aspects of a brand or business:

1. Fanciful Trademarks – Fanciful trademarks consists of a coined or invented word, having no meaning in the language. They are considered highly distinctive because they are unique and have no descriptive or generic qualities. These types of trademarks are usually the strongest as they do not have much competition. They are typically created for the sole purpose of serving as a brand identifier. Fanciful marks are generally entirely unrelated to the products or services they identify.
   • Examples include: Xerox, Pepsi, and Kodak.
2. Arbitrary Trademarks – Arbitrary trademarks consists of a real existing word that can be found in a valid dictionary or a common symbol that has no direct relationship to the products or services being offered. These marks are considered highly distinctive because their use in the given context is unexpected, meaning the consumer doesn’t associate the word or symbol with the type of goods or services being identified.
   • Examples include: Apple, Amazon, and Shell.
3. Descriptive Trademarks – Descriptive trademarks directly describe the goods or services they represent. These marks can describe characteristics, qualities, features, functions, ingredients, or some other aspects of their identifying product or service. If the mark does identify characteristics, there must be evidence of acquired distinctiveness in order to register. This acquired distinctiveness must prove the mark went from what the brand represents to who the brand represents. Descriptive marks can be more challenging to register, and if registered, they are difficult to protect under trademark law if challenged.
   • Examples include: All-Bran, GreenThumb Landscaping, and SoftSoap.
4. Generic Trademarks – Generic trademarks consists of terms that are commonly used to refer to the general category or class of goods or services they represent. Generic terms are considered the weakest in terms of trademark protection because they are straightforward and directly refer to the product or service without adding any distinctive element. In general, generic terms cannot be registered as trademarks and are not eligible for legal protection. Unlike descriptive marks that may acquire secondary meaning over time, generic terms cannot acquire secondary meaning because they are inherently non-distinctive. In order to still be eligible for registration, a generic trademark must include specific detail such as an ingredient or characteristic of the product or service. You can read about more generic trademarks in our article “What is Genericization?”
   • Examples include: Thermos, Dumpster, and Laundromat.
5. Suggestive Trademarks – Suggestive trademarks implies a characteristic or feature of the product or service being identified by the trademark without giving away any further details. In other words, suggestive trademarks requires consumers to use their imagination or intellect to associate the mark with the associated goods or services. Unlike descriptive marks that explicitly convey information about the product or service, suggestive marks subtly suggest qualities or characteristics without directly describing them. This type of trademark does not require a secondary mark meaning.
   • Examples include: Jaguar, Netflix, and Snapchat.
6. Trade Dress Marks – Trade dress marks refer to the overall appearance, design, and packaging of a product that, when distinctive, can serve as a brand identifier. It goes beyond traditional trademarks, which include words, logos, or symbols, to encompass the visual or aesthetic aspects that create a unique and recognizable look for a product or service. They are commonly used for packaging elements.
   • Examples include: the Coke bottle, the Listerine mouthwash bottle, and the Hershey’s chocolate bar wrapper.

Kinds of Marks that can be Registered as Trademarks

Standard Character Mark – How to Trademark a Name

A standard character mark is a specific arrangement of words, letters, or numbers in a standard font style without any specific design elements, stylization, or color. The advantage of a standard character mark is the flexibility in how the trademark is displayed (i.e. the colors you use, the size, or font). This type of mark is versatile and allows the trademark owner to use the mark in various formats, styles, and presentations while retaining its legal protection. If your trademark only consists of only a business name or slogan, a standard character mark might be ideal.

For example, look at our business name Carson Patents. Our corporation’s name, Carson Patents, is trademarked. Our mark is protected regardless of how the text is displayed because it is registered as a standard character mark.

Important Tip: Since the protection is not tied to a specific design, standard character marks are suitable for use across various industries and product categories.

Special Form Mark – How to Trademark a Logo

A special form mark is an image or a logo which can consist of a specific font, design, layout, or a combination as well as a graphic or image in nearly any configuration. This type of mark provides protection for a specific and unique design or stylized representation of a brand. Special form marks focus on the distinctive appearance, layout, or graphical features of a logo, symbol, or design.

To register a trademark application for a special form mark, one must include an image of the mark exactly how it is desired. It is critical to remember that the image submitted is the mark protected if the application is granted. The logo must be submitted exactly as it is desired to be protected. If your trademark consists of only a logo and business name or slogan, a special form mark might be ideal.

Important Tip: While these marks can include a full color scheme, it is recommended that a black and white version be registered so that all colors can be used and protected with the mark. 

Advantages of Trademark Registration

You are not required to register trademarks or service marks. However, registering a trademark or service mark offers at least ten advantages:

1. Exclusive Rights and Ownership:
   • Trademark registration provides the owner with exclusive legal rights to use the mark in connection with the specified goods or services. Registration also serves as evidence of ownership, making it easier to assert and defend the rights to the mark in case of disputes.
2. Nationwide Protection:
   • Trademark registration provides protection at the national level, allowing the trademark owner to prevent others from using similar marks throughout the country.
3. Prevention of Confusion:
   • Trademark registration helps prevent others from registering or using confusingly similar marks in the same industry, reducing the likelihood of consumer confusion.
4. Deterrence and Defense:
   • A registered trademark acts as a deterrent, discouraging others from using similar marks out of fear of legal consequences. If someone does use a similar mark, registration provides a legal basis for taking legal action against infringing parties and defending against unauthorized use.
5. Enhanced Remedies and Damages:
   • Registered trademark owners may be eligible for statutory damages and attorney’s fees in case of infringement, providing additional legal remedies. Trademark registration also creates a legal presumption of the validity and ownership of the mark, making legal proceedings more straightforward.
6. Global Protection Through Madrid System:
   • Businesses can use the Madrid System to extend their trademark protection to multiple countries through a single international application.
7. Increased Brand Value and Recognition:
   • A registered trademark enhances the credibility of a brand in the marketplace, conveying a sense of legitimacy and professionalism. Additionally, a registered trademark becomes a valuable asset and a recognizable symbol associated with the quality and origin of goods or services over time.
8. Asset for Business Expansion:
   • Trademark registration facilitates licensing and franchising opportunities, allowing businesses to generate revenue by permitting others to use the brand. Registered trademarks are valuable assets that can enhance the attractiveness of a business in mergers, acquisitions, or investment scenarios.
9. Renewable Protection:
   • Trademark registrations can be renewed indefinitely, providing ongoing protection for a brand (as long as the legal requirements for post-registration maintenance and renewal are timely filed and paid every ten years).
10. Protection Against Counterfeiting:
    • Registered trademarks help in implementing anti-counterfeiting measures, protecting consumers from fake or substandard products.

Important Note: Registering your trademark is requesting the USPTO approve your use of the mark. It does not equate to paying to purchase a trademark. Registering your trademark does not mean you acquire legal ownership of the mark, you can stop others from using the mark, or people owe you royalties if they use the mark.

Using a Mark – What is a Trademark in Business

A trademark includes the small symbol that can be found after the logo, brand, or business name. You do not have to use the “™” or “®” text next to your mark. However, once your logo, brand, or business name is trademarked, you can use them if you want. Using the “™” is governed by local, state, or foreign laws. Check with an attorney licensed in your state or a lawyer practicing intellectual property law.

The letter ‘R’ inside a circle, the “®” symbol, is the federal registration symbol. You can use this symbol if your mark is registered with the USPTO. There are two different registrations. If your trademark application is granted, the mark will be listed on the Principal Register on TESS, and then you can use the “®” mark. If your mark is denied, it may still be possible to get on the Supplemental Register and be listed on TESS, and then you can use the “®” mark. When your mark is listed on either the principal register or the supplemental register, you can use the “®” mark. 

For example: Carson Patents is trademarked. Carson Patents is listed on the supplemental register at the USPTO. Thus, we can, and frequently do, use the “®” symbol at the end of our name. As seen at the top of every page of our website, we include the “®” after our name in our logo (“Carson Patents®”).

Trademark Registration Help from our Patent Attorney and Trademark Paralegal