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 Hawaii, a trademark is a word, phrase, symbol, or 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 services rather than goods. Both trademarks and service marks are used to protect the identity of the source of goods or services and can be registered under Hawaii state law as well as at the federal level with the United States Patent and Trademark Office (USPTO). Trademarks, copyrights, and patents are distinct forms of intellectual property protection. Trademarks protect the names and symbols that signify the source of goods or services to consumers. Copyrights protect original works of authorship, such as books, music, and artwork. Patents protect inventions, granting exclusive rights to the inventor to make, use, and sell the invention for a certain period of time. Each type of intellectual property is governed by its own set of laws and regulations, and the protections they offer are specific to the type of work or invention they cover.