Categorizing Marks

• Jurisdiction: Maryland

II. CATEGORIZING MARKS

A. Trademark

The word "trademark" is commonly used in two ways. Most specifically, the term relates to the brand used in connection with the sale of tangible goods. If one can touch the item on which the brand is used, then the mark is a "trademark." More generally, people use the word "trademark" as a catch-all to identify any type of mark, whether it is a trademark for goods, a service mark for services, trade dress, a collective membership mark or other sub-category that is described in the remainder of this Section II. While it is not incorrect to use the term "trademark" to refer to these other types of marks, it is improper to use any of the other terms when the mark relates only to goods. The remaining discussion will use the terms "trademark" and "mark" in their more general sense, unless the context dictates that the word is being used in contrast to a different type of mark.

B. Service Mark

A "service mark" is a brand used in connection with the offering of services, such as the name of a store, an insurance company, its insurance policy, or any other offered services which a consumer attends, uses, or is benefitted by, so long as it is not tangible.⁸ A mark can serve as both a trademark and a service mark if the owner provides both goods and services. When a retail store sells clothing branded only with its name, the store has a service mark—the name on the store—and a trademark—the tag on the clothes. Some offerings can be on the borderline between a trademark and a service mark, such as software...