Types of Trademarks: Word Marks, Logos & Service Marks

Trademarks come in several forms: word marks, service marks for businesses that sell services, trade dress for a product's distinctive shape or packaging, and certification or collective marks for quality and membership. Rights can be common law, arising the moment you use a mark, or registered with a state or the USPTO, which provides far stronger, broader protection nationwide.

A trademark is a powerful tool that grants you the ability to legally protect your brand and other intellectual property. While several trademark categories exist, the purpose remains the same: to identify, differentiate, and protect the goods or services provided by a company.

This essential asset helps to identify and differentiate products and services, adding value to both the brand and the consumer experience. This can be achieved by acquiring protection for numerous different types of material, including logos, slogans, and distinctive product attributes and packaging. Understanding these distinct possibilities for intellectual property ownership helps businesses select the right kind of protection. It also encourages innovation and the creation of distinct brand identities.

In this article, we offer a simple breakdown of the various types of trademarks that can benefit and safeguard your business.

Difference between Trademarks, Service Marks and Trade Dress

There are so many types of trademarks that we lawyers tend to refer to them generally as either trademarks or “marks” because the distinctions aren’t that important. For example, a service mark is identical to a trademark, except that it protects a service instead of a product or good. Simply put, the service mark vs trademark distinction is nothing more than whether or not you sell a product or a service.

Likewise, a trade name is just a trademark for what you call yourself, a collective mark is just a trademark for membership associations (like the “Girl Scouts”), and a certification mark is just a trademark to establish quality control, like the “Kosher” symbol on your pickles. But regardless of the name, all of the above trademark types are designed to establish your brand as the source of a particular product, service, membership, or quality and differ very little in how they are obtained or enforced.

But sometimes your brand is recognizable just by looking at the product itself. Trademark protections that cover the shape or configuration of an actual product is called a trade dress. For example, if you order a fast food kid’s meal and that meal comes in a box with handles that are shaped into golden arches, you would probably identify that product as a Happy Meal® from McDonalds® on that basis alone. That is a trade dress, and it is different than simply putting the name McDonalds® or BigMac® on a product or its packaging.

Common Law v. Registered Trademarks

Knowing the various types of trademarks is beneficial for your business. Why? Because it helps to understand the difference between common law and registered trademarks. Below is a breakdown of the types of trademarks.

Common Law Trademarks

You do not need to actually register a trademark to obtain some basic “common law trademark rights” rights in your brand. In fact, common law trademarks are automatically created the moment you distinguish your brand from that of a competitor.

Trademarks claiming these protections often show a “TM” or “SM” symbol next to the mark. However, common law trademark rights are “territorial” in nature, meaning they can only be enforced where you can demonstrate proof of priority. For example, if you opened a restaurant in Texas and your competitor later opened a restaurant across the street, your common law trademark rights would likely allow you to force that competitor to either stop or rebrand. But if the competitor was in New York, your common law trademark would likely be unenforceable against them because the infringing use is outside of the trademark’s territorial rights.

Registered Trademarks

Federal trademark registrations and state trademark registrations often show an “®” symbol next to the mark and are far more powerful than common law trademarks. A state trademark registration provides the presumption that your trademark is valid in that state and the presumption that your use of the trademark was first. Likewise, a federal trademark registration provides proof of validity and the presumption of first use anywhere in the United States, Puerto Rico, and Guam!

For example, if you opened a restaurant in Texas and a competitor later opened a restaurant in New York, your federal trademark registration would likely allow you to force them to stop or rebrand, even if you have never been to New York. There are, of course, many nuances to obtaining and enforcing registered trademarks, so make sure to consult an attorney before committing to any specific plan.

Learn more on what type of trademark you need.

Common questions

Frequently asked

What is the difference between a trademark and a service mark?

A trademark protects a brand name, logo, or slogan used on a product, while a service mark protects the same kind of branding used for a service rather than a good. The legal protections and registration process are identical, so lawyers often use the word trademark, or simply mark, to describe both. The real question is whether you sell a product or a service.

What is trade dress?

Trade dress protects the distinctive shape, packaging, or overall look of a product itself, separate from its name or logo. A classic example is a fast food container so recognizable that customers know the brand just from its shape. Trade dress claims can be harder to prove than a standard trademark because you must show the design has become associated with your brand specifically.

What are common law trademark rights?

Common law rights arise automatically the moment you start using a mark to distinguish your brand from a competitor's, without ever filing paperwork. These rights are territorial, meaning they only protect you in the geographic area where you can prove you were first to use the mark. That limited reach is exactly why registered trademarks offer much stronger protection.

Why is a registered trademark stronger than a common law trademark?

A federal trademark registration provides a legal presumption that your mark is valid and that you were first to use it anywhere in the United States, Puerto Rico, and Guam, not just in the specific area where you can prove prior use. That nationwide presumption makes it far easier to stop a competitor who starts using a similar mark somewhere you have never done business.

What is a certification mark or collective mark?

A certification mark, like the well-known Kosher symbol, tells consumers a product meets a specific quality or origin standard rather than identifying a single seller. A collective mark identifies membership in an organization, similar to how the Girl Scouts name signals membership rather than a single product source. Both function like a trademark but serve a different signaling purpose for consumers.