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 Texas, a trademark is a word, phrase, symbol, or design, or a combination of these, that identifies and distinguishes the goods of one entity from those of others. A service mark performs a similar function but for services instead of goods. Both trademarks and service marks are used to protect the brand identity of products or services and are often collectively referred to as 'marks'. Trademarks, copyrights, and patents are distinct forms of intellectual property protection. Trademarks protect the names and logos used on goods or services, copyrights protect original artistic or literary works, and patents protect inventions. For instance, if you create a new vacuum cleaner, you would seek a patent for the invention, a trademark for the brand name, and potentially a copyright for any marketing materials such as a television commercial.