What is a trademark or service mark?

• A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.

• A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods. The terms “trademark” and “mark” are often used to refer to both trademarks and service marks.

Do trademarks, copyrights, and patents protect the same things?

No. Trademarks, copyrights, and patents protect different types of intellectual property. A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself. You would apply to register a trademark to protect the brand name of the vacuum cleaner. And you might register a copyright for the TV commercial that you use to market the product.

In Alabama, a trademark is a word, phrase, symbol, design, or a combination of these that identifies and distinguishes the goods of one party from those of others. A service mark performs a similar function but is used to distinguish the source of a service rather than goods. Both trademarks and service marks are used to protect the interests of businesses and consumers by ensuring that there is no confusion about the origin of goods or services. Trademarks, copyrights, and patents are distinct forms of intellectual property protection. Trademarks protect the branding associated with goods and services, such as names and logos. Copyrights protect original artistic and literary works, ensuring that creators have exclusive rights to their work. Patents protect new inventions, granting inventors the right to exclude others from making, using, or selling their invention. In Alabama, these forms of intellectual property are governed by both state statutes and federal law, with trademarks being registered at the state level with the Alabama Secretary of State and at the federal level with the United States Patent and Trademark Office (USPTO).