A trademark is one of three legal terms used to describe “intellectual property,” the others being patent and copyright. A trademark is a word, phrase, symbol, design, combination of letters or numbers, or other device that identifies and distinguishes products and services in the marketplace. A trademark is denoted by the trademark symbol, which is ™, or alternatively by the federal registration symbol, which is ®, if an actual registration filing has been approved by the Trademark Office.
A service mark, denoted by the symbol SM, offers virtually the same protection as a trademark, but is used instead to identify and distinguish services, rather than products. When the term “trademark” or “mark” is used, it is understood to include service mark as well. Trademarks are usually synonymous with the brand name or design that is applied to a business or its products or used in connection with services.