Trademarks, Service Marks, and Trade Dress: Key Facts and Pitfalls to Avoid

Snell & Wilmer
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1. The Difference Between a Trademark, Service Mark, and Trade Dress.

A trademark is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent, sound, device, or combination thereof that distinguishes the goods (i.e., products) of one supplier from those of other suppliers. A service mark is the same as a trademark, but distinguishes services instead of goods. Trade dress is a combination of non-functional attributes, such as shape, color, design, and/or ornamental arrangement, which collectively forms either a trademark or a service mark.

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