A trademark is any word, name, symbol, sound, color, smell, or device that is used to identify and distinguish the products of a person or company. Most readily recognized traditional forms of trademarks are product names and logos, which the purchasing public often refers to as the “brand” of that product. The term “service mark” is used for a mark that is used to identify and distinguish the services provided by a person or company, such as restaurant or banking services, as opposed to a physical product. The term “trademark” is often used to broadly encompass service marks as well as traditional trademarks.