The term “trademark” often refers to both a trademark and a service mark.
Trademark vs. Service mark
A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.
A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Some examples include brand names, slogans, and logos.
What Can be Trademarked
A trademark can be anything that distinguishes a business or product from another business or product. This may include 1) business names, 2) product names, 3) labels, 4) logos, 5) symbols, 6) designs, 7) sounds, or 8) packaging.
Basic Trademark Rights
Trademark rights come from actual “use” of the trademark. Therefore, a trademark can last forever – so long as you continue to use the mark in commerce to indicate the source of goods and services.
Trademarks can also be registered for state protection or federal protection. A trademark registration can also last forever, so long as you file specific documents and pay fees at regular intervals.