The Lanham Act distinguishes trademarks from trade names and service marks and also addresses certification marks and collective marks. A service mark is used to identify and distinguish the services of one company from another, such as Sears for retail stores, and American Express for credit cards. A trade name or commercial name distinguishes and identifies a business. The same name or portion of a name may also serve as a trademark, trade name, or service mark. In short, trademarks apply to products, service marks to services, and trade names to businesses.
Certification marks endorse products and certify approval of their origin, quality, or authenticity.
A certification mark is not the property of the maker of the products upon which the mark will be affixed. Examples are the Union Label in garments and various seals of approval. When the provider of goods or services belongs to an association, it often advertises or attaches a collective mark to announce that relationship. The mark is used on products or services not provided by the owner of the mark, typically as a symbol guaranteeing quality and taking advantage of the supposed benefits to the consumer that stem from the product's association with the owner of the mark. Articles from West's Encyclopedia of American Law are published on West Legal Directory with the understanding that the publisher is not engaged in rendering legal or other professional advice.