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Trademark vs Service Mark vs Collective Mark

What is a trademark?  

The term “trademark” includes any word, name, symbol, or device, or any combination to identify and distinguish goods, from those manufactured or sold by others and to indicate the source of the goods, 

  • (1) which are used by a person (including business organization)

  • OR

  • (2) a person has a bona fide intention to use in commerce. 

  • Simply stated you can trademark a name, word, symbol or any combination as long as you identify and distinguish goods from the competitors in commerce. If you satisfy all of the above criteria, then it is plausible to get a USPTO trademark registration.

What is a Service Mark?

“Service mark” means any word, name, symbol, or device, or any combination to identify and distinguish the services of one person, from the services of others and to indicate the source of the services, 

      (1) used by a person (including business organization)

      OR

       (2) which a person has a bona fide intention to use in commerce.

What is a Collective Mark?

“Collective mark” means a trademark or service mark—

      (1) utilized 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 includes marks indicating membership in a union, an association, or other organization. 

Trademark

Trademark Definition Image

Service Mark

Service mark Definition Image

Examples of Trademark vs Service Marks

Trademark Examples

Amazon have a big portfolio of trademarks. The following are the examples of Amazon trademarks.

The below is an example of Amazon’s Trademark for computer tablet.

Trademark Example - Amazon Fire

Service Mark Examples

They have a big portfolio of Service marks. The following service mark examples include Prime, Amazon Web Services etc. Prime is a service mark in which amazon provides videos services to its prime customers for free and at a discounted rate. Similarly AWS provides Web Services to enterprise clients related to cloud data storage.

Service Mark Example 1 - Amazon Prime

Service Mark Example 2 - Amazon AWS

Trademark and Service Mark Examples

Amazon have a portfolio of marks that function both as a trademark and service mark. Example include Amazon game studios, which provide game software in DVD format along with online software computer gaming. 

Trademark and service mark Example - Amazon Game Studios

You can Contact US for more information about any of our services or talk to our trademark attorney. Please find more additional information at the trademark FAQs page. You can order word or service mark by clicking on one of the below packages. If you want design or trademark logo registration along with word or service mark, then please select the corresponding below package.

Page Author: Bharath Konda, Esq.
Bharath Konda is a trademark attorney. He has a law license in Minnesota and the District of Columbia. He provides trademark registration services for individuals and businesses. Feel free to check attorney profile on legal information retrieval websites such as Avvo and Justia. Some of the sample trademark attorneys answered questions are on platforms such as Justia ask a lawyer platform and Avvo platform.