A trademark is anything that is used, or intended to be used, to identify the goods of one manufacturer from the goods of others. It is a brand name. Trademarks are important business tools because they allow companies to establish their product's reputation without having to worry that an inferior product will diminish their reputation or profit by deceiving the consumer. Trademarks include words, names, symbols and logos. Anything that distinctly identifies your company can be a trademark, provided that it is for goods.

A service mark is very similar to a trademark, except that it is used to distinguish services in the stream of commerce. Like a trademark, a service mark can include words, names, symbols and logos. Typically, trademarks appear on the actual product or its packaging, while service marks appear mostly in advertising for the services. In this law library, when we use the term "trademark," we generally mean both trademarks and service marks.

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