Legal Question in Intellectual Property in Texas

Re: trademark

Yes. The term "trademark" has two different meanings, the first being equivalent to "brands" as the general term applied to both goods and services (e.g., the U.S. Patent and Trademark Office), and the second being in apposition to "service mark" whereby "trademark" means only those marks applied to goods. In that latter sense, it is more appropriate to designate a goods mark with "TM" and a service mark with "SM" unless/until the mark is registered, whereupon the correct notation is the encircled-R for both types of marks.

In practice, using the term "trademark" for both types of marks is fine. Best wishes,

LDWG