For example, Nike identifies a particular brand of athletic shoe. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a tangible product. The terms trademark or mark are used commonly to refer to both trademarks and service marks. In short, a trademark allows you to protect the goodwill that your business has earned in the marketplace. Trade names or business names are the names used to identify a particular company or corporation.
Trademarks are names that identify a business's goods or services in the marketplace.
Business names can become trademarks when they are used in the marketplace to identify a product or service. For example, the computer giant Microsoft uses the Microsoft name both as its corporate name and also as a trademark. If you advertise your products or services under your business name, your rights to that use derive principally from trademark law. The body of law that courts use to protect consumers from confusion regarding the source of products and services and to prevent businesses from taking advantage of another business's goodwill embodied in the names of its goods or services. If two businesses are each using names for their goods or services that may lead to confusion in the marketplace over the source of those goods or services, trademark law will be applied to resolve the dispute.