Annotation

132.001 Annotation A trademark is a word, name, symbol, device, or other designation, or a combination of such designations, that is distinctive of a person’s goods or services and that is used in a manner that identifies those goods or services and distinguishes them from the goods or services of others. In contrast, a trade name is a word, name, symbol, device or other designation, or a combination of such designations, that is distinctive of a person’s business or other enterprise and that is used in a manner that identifies that business or enterprise and distinguishes it from the businesses or enterprises of others. In short, a trademark identifies and distinguishes goods and services, while a trade name denotes a business or association. In both cases, the key is whether the designation serves as an indicator of the source; in other words, whether it distinguishes the goods/services/business from others so that consumers can identify the source that is connected to the designation. Ritter v. Farrow, 2021 WI 14 , 395 Wis. 2d 787 , 955 N.W.2d 122 , 18-1518 .