In short
A trademark identifies goods, while a service mark identifies services, and the USPTO uses the word trademark to cover both. You can use TM for goods or SM for services before you file anything, and once you register the mark you use the registered symbol instead.
The short answer
The USPTO says the word trademark can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services. (USPTO: What is a trademark?)
So a candle company has a trademark, and a bookkeeping firm or a dog-walking business has a service mark. In everyday speech, and in the USPTO's own guidance, both are simply called trademarks. Our glossary entry on trademarks uses the same plain definition.
TM, SM and the registered symbol
The USPTO says you can use TM for goods or SM for services even if you have not filed an application to register your trademark. Once you register your trademark with the USPTO, you use the registered symbol with it. (USPTO)
That means the symbol you choose depends on what you sell, and the registered symbol has to be earned. We cover the rules and the risks of using it too early in TM versus the registered symbol.
What counts as the mark itself
The USPTO describes a trademark as a word, phrase, design, or a combination that identifies your goods or services, distinguishes them from those of others, and indicates their source. (USPTO: Trademark, patent, or copyright)
It also separates a brand from a trademark. A brand is a marketing concept about how people feel about your product or service, while a federal registration can give nationwide legal protection for your brand in connection with particular goods or services. Registering is your choice.
Practical effect on your filing
Goods and services are described in an application and grouped into classes, so a product business and a service business describe what they offer differently. If you sell both, such as a shop that also offers repairs, the description is where that shows up. The trademark classes page explains the grouping, and how to trademark a name walks through the filing steps.
Getting the description right matters because the protection a registration gives is tied to the goods or services you list. Not sure whether your name is already taken for what you offer? A free brand audit is a no-cost first look. This is general information, not legal advice about your brand.
Frequently asked questions
The USPTO says a trademark is used for goods and a service mark is used for services. It also uses the word trademark to refer to both.
The USPTO uses the word trademark to cover both trademarks and service marks. What you describe in the application is the goods or services you offer, so a service business lists services.
According to the USPTO, TM is for goods and SM is for services, and you can use either before you file an application to register.
The USPTO says to use the registered symbol once you register your trademark with it. Before registration, use TM or SM as appropriate.
No. The USPTO says a brand is a marketing concept about how people feel about your product or service, while a trademark registration provides legal protection for it. Registering is optional.
Not to have any rights. The USPTO says you become a trademark owner by using it, but those rights are limited to the area where you operate. See our post on common law rights for detail.
No. My Trademark Vault is an independent service and is not affiliated with the USPTO. Any government fee is paid to the USPTO.
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This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Trademark outcomes depend on the specific facts of each application.