A trademark includes any word, name, symbol, device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.
Registration (®) Symbol
The letter R within a circle—®—is a symbol signifying federal trademark registration. The federal registration symbol is used once a mark (a trademark or service mark) is actually registered with the U.S. Patent and Trademark Office. Even though an application for registration may be pending, a registration symbol may not be used before a mark has actually become registered. The registration symbol is typically superscripted to the right of the last letter of the mark.
Trademark (TM) and Service Mark (SM) Symbols
Trademark and Service mark symbols usually indicate that a party claims rights to a mark. These symbols are often used by a party before a federal registration is issued. There are no federal regulations governing the use of these symbols or designations, however, their use may be governed by local, state, or foreign laws. The TM or SM symbol is typically superscripted to the right of the last letter of the mark. These marks are commonly referred to as common law trademarks.
Notice identifying the registered owner of a mark. It is typically found at the bottom of the page on which a mark is used.
Common Law Trademarks
A non-federally registered mark commonly identified by a TM or SM symbol.
Mark Use in Commerce
Use of a mark in commerce including use in presentations, information materials, books, marketing materials, advertisements, external Web sites, etc.