The distinctions between a trademark, service mark and trade name are important in understanding the functions each serves. Michigan law defines a trademark as any word, name, symbol, or device, or any combination thereof, other than a trade name in its entirety, adopted and used by a person to identify their goods and distinguish them from similar goods made or sold by others.

A service mark is defined as any word, name, symbol, or device, or any combination thereof, other than a trade name in its entirety, adopted and used by a person in the sale or advertising of services to identify their services and distinguish them from similar services of others.

A trade name is defined as any word or group of words used by any person to identify a sole proprietorship, firm, partnership, corporation, association, union, or other organization.

Normally a trademark appears on the product or on its packaging, while a service mark appears on advertising for the services. A trade name is an actual or assumed name of a business entity, not a name for a specific product or service.

A trademark serves primarily to distinguish one producer's goods or products from similar goods produced by another. Trademarks can also be used to show that goods are from a single source and are of consistent quality. Trademarks reflect the goodwill or integrity of a particular organization.

The primary function of a service mark is to distinguish a given service provided by one business from similar services provided by another, or to distinguish the advertising or sales promotion of an organization. Service marks can also be used to show that services are from a single source and are of a consistent quality. Service marks, like trademarks, also reflect the goodwill or integrity of a particular organization.

In contrast to trademarks and service marks, a trade name functions to identify a business entity and to distinguish it from other business entities regardless of what goods or services are provided. Unlike some other states, Michigan does not have a central registration of trade names. Sole proprietorships(e.g., ownership by one individual) using as assumed name and general partnerships register with the county clerk. Corporations (profit, nonprofit, ecclesiastical and professional service), limited liability companies, limited liability partnerships and limited partnerships file with the Corporations Division of the Corporations, Securities, & Commercial Licensing Bureau. For more information please review the Entrepreneur's Guide. We also have a list of registered trademarks available on this site.