A trademark is any word, symbol, or device that identifies one’s product and distinguishes it from the products of others. A service mark is simply a mark that is used in connection with services instead of a product. For example BIG MAC® is a trademark for a sandwich, and MCDONALD’S® is a service mark for restaurant services. A trade name is the name under which a firm does business.
A trade name may be the firm’s corporate name if the firm does business under the name under which it is incorporated, otherwise the trade name is a fictitious name. A trade name may also be a firm’s service mark if its name identifies the firm’s services, or the firm’s trademark if its name identifies its products.