Are There Different Kinds of Marks?

While the word “trademark” is commonly used broadly to describe all “marks” there are actually several different kinds of marks that are protected under the law: trademarks, service marks, certification marks and collective marks.

A trademark is used to distinguish or identify the source of goods. Service marks are like trademarks except that they apply to services rather than goods. The same word or symbol can be both a trademark and a service mark. For example, NICKELODEON is a service mark for television entertainment services, and it is also used as a trademark for products such as clothing and plush toys.

Certification marks are marks which certify, among other things, the quality or other characteristics of goods or services. One example of a certification mark is the Underwriter’s Laboratories UL logo.

A collective mark is used by members of a collective organization, such as a union, to indicate membership in the organization. For example, AAA is a collective mark for the American Automobile Association.