Trademark Definitions


Trademark Usage
Trademark Definitions
Trademark Guidelines
Apollo Marks Inventory
Domain Names

The following trademark definitions...


Trademark

A trademark includes any word, name, symbol, 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.

Top of Page



Service Mark

A service mark 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 services provided by others, and to indicate the source of the services.

Top of Page



Registration Symbol

The letter R within a circle — ® — is a symbol signifying federal trademark registration. The federal registration symbol is used once a mark (a trademark or service mark) is actually registered with the U.S. Patent and Trademark Office. Even though an application for registration may be pending, a registration symbol may not be used before a mark has actually become registered. The registration symbol is typically superscripted to the right of the last letter of the mark.

Top of Page



Trademark (“TM”) and Service Mark (“SM") Symbols

Trademark and Service Mark symbols usually indicate that a party claims rights to a mark. These symbols are often used by a party before a federal registration is issued. There are no federal regulations governing the use of these symbols or designations, however, their use may be governed by local, state, or foreign laws. The TM or SM symbol is typically superscripted to the right of the last letter of the mark. These marks are commonly referred to as common law trademarks.

Top of Page



Attribution Notice

Notice identifying the registered owner of a mark. It is typically found at the bottom of the page on which a mark is used.

Top of Page



Common Law Trademarks

A non-federally registered mark commonly identified by a TM or SM symbol.

Top of Page



Mark Use in Commerce

Use of a mark in commerce including use in presentations, information materials, books, marketing materials, advertisements, external Web sites, etc.

Top of Page