Types of trademarks (TM, SM, certification, collective, trade names)

Type of mark Section 45 definition Example Goods or services
Trade name The terms “trade name” and “commercial name” mean any name used by a person to identify his or her business or vocation. COCA-COLA COMPANY Varies. A trade name is a noun (such as “The COCA-COLA company makes soft drinks.)

Trade names are not registrable with the USPTO, though they can be protected under section 45 of the Lanham Act

Trademark The term “trademark” includes any word, name, symbol, or device, or any combination thereof—

(1) used by a person, or

(2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter,

to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.

 Mark Image IC 009. US 021 023 026 036 038. G & S: Handheld mobile digital electronic devices for the sending and receiving of telephone calls, electronic mail, and other digital data, for use as a digital format audio player, and for use as a handheld computer, personal digital assistant, electronic organizer, electronic notepad, and camera. FIRST USE: 20070629. FIRST USE IN COMMERCE: 20070629IC 028. US 022 023 038 050. G & S: Handheld unit for playing electronic games. FIRST USE: 20070629. FIRST USE IN COMMERCE: 20070629

 

Service mark The term “service mark” means any word, name, symbol, or device, or any combination thereof—

(1) used by a person, or

(2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter,

to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown. Titles, character names, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor.

 Mark Image  IC 037. US 103. G & S: installation and maintenance of automotive audio equipment, major household appliances, photographic equipment, video equipment, audio equipment, telecommunication equipment, and related merchandise. FIRST USE: 19890606. FIRST USE IN COMMERCE: 19890606IC 042. US 101. G & S: retail store services in the field of major household appliances, photographic equipment, telecommunication equipment, video equipment, audio equipment, and related merchandise. FIRST USE: 19890606. FIRST USE IN COMMERCE: 19890606
Certification mark The term “certification mark” means any word, name, symbol, or device, or any combination thereof—

(1) used by a person other than its owner, or

(2) which its owner has a bona fide intention to permit a person other than the owner to use in commerce and files an application to register on the principal register established by this chapter,

to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person’s goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.

Mark Image IC A . US A . G & S: Energy and power generation, distribution, storage, and charging equipment, and parts therefor, and related goods; engines, motors, generators, hydraulic equipment and parts therefor; electrical devices, equipment, materials and parts therefor, usually not of a voltage exceeding 600v; lamps, luminaries and lighting equipment, materials and parts therefor; wire, cable and parts therefor for power, data and telecommunications; building and construction materials, equipment, and related goods; consumer and business electronics, equipment and appliances; chemicals for household or commercial use; equipment for detecting, handling, storing or using hazardous liquids and gases; recreation, life safety and power equipment for marine and water use; fire, security, safety, and personal protective equipment and systems and related goods; flame retardant and non-combustible fabrics and mattresses; heating, ventilation, air conditioning and refrigeration systems, equipment and parts therefor; medical equipment and devices; plumbing equipment, materials and parts therefor; robots and robotic equipment, parts and related goods; semiconductor devices and equipment; vehicles and vehicle equipment, parts and related goods; food processing, preparation, handling and storage equipment and related goods; water, water treatment systems and equipment. FIRST USE: 20120822. FIRST USE IN COMMERCE: 20120822
Collective mark The term “collective mark” means a trademark or service mark—

(1) used by the members of a cooperative, an association, or other collective group or organization, or

(2) which such cooperative, association, or other collective group or organization has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter,

and includes marks indicating membership in a union, an association, or other organization.

 Mark Image IC 200. US 200. G & S: transportation, maintenance and handling labor union. FIRST USE: 19401201. FIRST USE IN COMMERCE: 19401201

Posted Jan. 19, 2017