What is a service mark?

For practical purposes, a service mark does the same thing as a trademark -- but while trademarks promote products, service marks promote services and events. Some familiar service marks are: Amazon.com (retail website), Jack in the Box (fast food service), Kinko's (photocopying service), Blockbuster (video rental service), CBS's stylized eye in a circle (television network service), and the FedEx logo (delivery services).

What is trade dress?

In addition to a label, logo, or other identifying symbol, a product may come to be known by its distinctive packaging -- for example, the yellow packaging of Kodak film. Similarly, a service may become known by its distinctive decor or shape -- for example, the orange-like structure of Orange Julius juice stands.

Collectively, these types of identifying features are commonly termed "trade dress." Because trade dress often serves the same function as a trademark or service mark -- the identification of goods and services in the marketplace -- trade dress can be protected under the federal trademark laws and in some cases registered as a trademark or service mark with the U.S. Patent and Trademark Office (USPTO).

What is a collective mark?

A collective mark is a symbol, label, word, phrase, or other mark used by members of a group or organization to identify goods, members, products, or services they render. Collective marks are often used to show membership in a union, association, or other organization -- for example, ILGWU is a collective mark for the members of International Ladies Garment Workers Union.

A collective mark can also be used as a trademark or service mark. For example, when the Girl Scouts sell cookies with their collective mark on the package, that indicates that goods are a product of the organization (that is, they are Girl Scout brand cookies). This way, the same collective mark can be used to indicate membership or to sell products and services.