The Brand

Trademarks

A trademark is any word, phrase, symbol, or design, or any combination thereof that identifies and distinguishes the source of the goods of one party from those of others.  Trademarks apply to goods, that is, physical commodities that can be natural, manufactured, or produced.

Service marks

A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product.  A service is an intangible activity, performed by one person for the benefit of a person or persons other than himself.

Trade Dress

Trade dress refers to the overall appearance and image of a product or a commercial enterprise in the marketplace. For a product, trade dress typically comprises packaging and labeling. For an enterprise, it typically comprises design and decor.   Black’s Law Dictionary (7th ed. 1999).