How to understand different types of trademark

You more than likely know that a trademark is used to describe various types of devices that identify and distinguish services and products that you see every day from Pepsi to McDonald's to Hershey's to Gloria Vanderbilt.

Before you begin your trademark application, you will need to understand the various categories and criteria outlined in the definition so you make an educated decision as to which type of trademark you desire.

First, the trademark you decide on using to distinguish your product or service must be distinctive. The four categories used to determine the relationship between the mark and the product is arbitrary or fanciful, suggestive, descriptive, or generic.

Arbitrary or fanciful is a mark that has no logical relationship to the product at all. A good example of this type of trademark is Kodak. Kodak has nothing what so ever to do with cameras.

Suggestive is a mark that suggests a particular characteristic of the product such as Coppertone which suggests the color of copper but it still has nothing really to do with a deep dark tan, it only implies the color.

Descriptive is a mark that normally describes either the characteristics or quality of the product. A good example of this trademark would be Quality Inn, which describes an inn or hotel.

Generic of course is a general category that the product would be listed among such as computer for computer equipment.

Along with trademarks, you will see other marks that might fit your product or the type of mark you wish to use other than a trademark. These include service marks, certification marks, and collective marks.

A service mark is used to promote services and events whereas a trademark is used mainly to promote products. In most cases, a service mark is a company name that is seen in all types of advertising copy. An example of a service mark would be Blockbuster or even the interlocking circles for the Olympic Games.

Certification marks are names or symbols that are used by businesses to show their superiority. This mark can distinguish by origin, the product quality, or the service accuracy. Good examples of certification marks include the Good Housekeeping Seal of Approval and Carneros wine, which states the wines origin as the Carneros region found in Napa Valley.

Collective marks are phrases, symbols, labels or other distinguishing marks that are used by an organization to distinguish members, products, goods, or services. Many times these marks are used to show membership in a specific organization such as the Boy Scouts of America or Teamsters.