Library Home: Intellectual Property (IP): Trademarks & Service Marks

What Is a Trademark or Servicemark?

What is a trademark and a service mark? A trademark TM includes any word, name, symbol, or 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.
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A service mark SM 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 the services provided by others, and to indicate the source of the services.
What is the difference between TM and the R within the circle ®? Use of the TM and SM symbols may be governed by local, state, or foreign laws and the laws of a pertinent jurisdiction to identify the marks that a party claims rights to. The federal registration symbol, the R enclosed within a circle, may be used once the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered.
Will my personal information be available to the public?
Yes. Please be aware that when you apply for a trademark registration you are making a public record.
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Accordingly, all of the information and documents you provide to the United States Patent and Trademark Office (USPTO) during the prosecution of an application and maintenance of a registration are available to the public and will be viewable on the USPTO website even if the application abandons or the registration cancels or expires. Third-party websites and Internet search engines access and use this information, including your name as well as any addresses, phone numbers, or email addresses that you provide to the USPTO.
Why does the USPTO make this information public? The Freedom of Information Act (FOIA) mandates the USPTO to provide records such as trademark applications and registrations for public inspection and copying. In order to adhere to FOIA, trademark applications and registrations are available on the USPTO website so that the public may conveniently inspect and copy them, if desired.
Why should I obtain a trademark? Here are some specific benefits of having a federally registered trademark: • Constructive notice nationwide of the trademark owner's claim. • Evidence of ownership of the trademark. • Jurisdiction of federal courts may be invoked. • Registration can be used as a basis for obtaining registration in foreign countries. • Registration may be filed with U.S. Customs • Service to prevent importation of infringing foreign goods.

WIPO: Understanding Trademarks on an International Scale

World Intellectual Property Organization (WIPO) : Trademarks Portal
"A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights."

United States Patent and Trademark Office (USPTO) Trademark Portal

USPTO: Trademark Tools & Links

Trademark Quick Links

TESS Search trademark database

TEAS Trademark filing

TSDR Status, documents, and certificates

TTAB ESTTA TTABVUE Trademark Trial and Appeal Board

Search assignment Record assignment Search recorded assignment and record ownership changes

TMEP ID Manual TBMP Guides and manuals

Updates and announcements Updates and announcements

Fees and Payment Pay maintenance fees and learn more about filing fees and other payments

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