Trademark vs Service Mark: Goods, Services, and Symbols
A trademark identifies the source of goods; a service mark identifies the source of services. The term trademark often includes both. Qualifying use can establish rights without federal registration.
| Question | Trademark for goods | Service mark for services |
|---|---|---|
| What does it identify? | The source of products. | The source of services. |
| Claim symbol before registration | TM | SM |
| Symbol after federal registration | ® for covered goods. | ® for covered services. |
| Ordinary U.S. maintenance schedule | Filings in years 5–6 and 9–10, then every ten years. | The same schedule; no separate six-year renewal cycle. |
Madrid-based registrations have separate U.S. and international requirements. Learn how marks and symbols work or review our registration process.
Types of Trademarks
There are several types of trademarks that a business or individual can use to identify their products or services:
- Word Trademarks: A word trademark is a distinctive word or phrase that a business or individual uses to identify their products or services. Examples of word trademarks include Bubble Wrap®, Jet Ski®, and Vaseline.
- Design Trademarks: A design trademark is a distinctive design or symbol that a business or individual uses to identify their products or services. Examples of design trademarks include the Playboy bunny, the Mercedes logo, and the Twitter bird.
- Slogan Trademarks: A slogan trademark is a distinctive phrase or tagline that a business or individual uses to identify their products or services. Examples of slogan trademarks include “The happiest place on Earth” for Disneyland and “You’re in great hands” for Allstate.
Purpose of Trademarks
There are two main advantages to trademark registration: brand recognition and protection against infringement.
- Brand Recognition: Brand recognition refers to the extent to which consumers are able to identify and recognize a particular brand. This can be influenced by a variety of factors, including the company’s logo, packaging, advertising, and reputation. The more recognizable a brand is, the more likely consumers are to choose that brand over others, creating loyalty among their customer base.
- Protection against Infringement: Trademark infringement can occur in various forms, including using a similar mark, using a mark in a way that is likely to cause confusion or dilution, or using a mark in a way that is likely to tarnish the reputation of the trademark owner. By registering a trademark with the USPTO, the owner receives the exclusive right to use the trademark in connection with their products or services. This prevents others from using a similar or identical trademark, which could cause confusion among consumers.
Service Marks
Service marks are a type of intellectual property that protect a company’s branding related to the services they offer. They are similar to trademarks, which protect a company’s branding related to products they sell. In this section, we will define service marks, discuss the different types of service marks, explain how to obtain service marks, and provide examples of service marks.
Definition of Service Marks
A service mark is a symbol, word, or phrase used to identify and distinguish the services of one company from those of another. Service marks can be registered with the United States Patent and Trademark Office (USPTO) to provide legal protection against infringement by others. Service marks are used to build brand recognition and protect the reputation of the company providing the services.
Types of Service Marks
There are several types of service marks that a company can use to protect their branding related to services. These include:
- Standard Character Mark: A standard character mark protects a word or phrase that is used as a service mark, regardless of the font or style used.
- Design Mark: A design mark is a service mark that includes a logo, graphic, or image as part of the branding.
- Sound Mark: A sound mark is a service mark that includes a unique sound or jingle as part of the branding.
- Color Mark: A color mark is a service mark that includes a unique color or combination of colors as part of the branding.
Examples of Service Marks
There are many examples of service marks that are widely recognized and used by companies across different industries. Some examples include:
- Carl’s Jr: The yellow star is a service mark that is used to identify the fast-food services provided by Carl’s Jr.
- FedEx: The purple and orange logo is a service mark that is used to identify the shipping and logistics services provided by FedEx.
- Verizon: The checkmark logo is a service mark that is used to identify the telecommunications services provided by Verizon.
- Mastercard: The interlocking circles logo is a service mark that is used to identify the credit and debit card services provided by Mastercard.
In conclusion, service marks are an important part of a company’s branding and can be used to protect their services from infringement by others. By understanding the types of service marks, how to obtain them, and examples of widely recognized service marks, companies can build brand recognition and protect their reputation.
Trademarks and Service Marks: Understanding the Differences
Trademarks and service marks are two types of intellectual property that are used by businesses to protect their brand identity. Although they have some similarities, there are also some key differences between the two. In this article, we will explore the differences between trademarks and service marks in terms of their definition, purpose, usage, protection, and renewal. As previously mentioned, a trademark is a word, symbol, or phrase used to identify and distinguish the goods of one company from those of another. A service mark, on the other hand, is a word, symbol, or phrase used to identify and distinguish the services of one company from those of another.
Purpose
The purpose of a trademark is to protect a company’s brand identity related to the products it sells. A trademark helps to establish brand recognition and customer loyalty, and can also prevent other companies from using similar marks that could create confusion among consumers. The purpose of a service mark is to protect a company’s brand identity related to the services it provides. A service mark helps to establish a company’s reputation for providing high-quality services and can also prevent other companies from using similar marks that could create confusion among consumers.
Registration
Trademark and service-mark applications use the same federal registration system. Rights can arise through qualifying use without registration; registration may provide additional benefits. Start with clearance research and choose a filing basis that matches use, bona fide intent, or another applicable legal basis. USPTO filing-basis guidance.
A federal application identifies the mark, proper owner, goods or services, filing basis and other required information. The examiner reviews it for legal compliance and possible refusals. For Principal Register applications, publication ordinarily allows an initial 30-day opposition period. An intent-to-use application generally must complete later use filings before registration. four steps to trademark registration.
Usage
Trademarks are typically used on packaging, labels, and other materials that are associated with the products being sold. For example, a clothing company might use a trademark on the tag of a shirt to identify the brand. Service marks, on the other hand, are typically used in advertising, marketing, and other materials that are associated with the services being provided. For example, a restaurant might use a service mark on its menu to identify the restaurant’s name and logo.
It is common to see companies with both trademarks and service marks. “McDonald’s” is a service mark for a fast food restaurant whose service is to provide food. The same company who has trademarked “McDonald’s” as a service mark, has also trademarked meals like “Big Mac.”
Protection
Goods marks and service marks are protected under the same federal statutory framework. Scope depends on source identification, distinctiveness, relevant goods or services, prior rights and the particular claim. Likelihood-of-confusion infringement and dilution of a legally famous mark are different legal theories; neither follows automatically from a similar word or logo.
Renewal
Federal trademarks and service marks follow the same maintenance framework; service marks do not renew on a separate six-year cycle. For most domestic federal registrations, file a Section 8 declaration between the fifth and sixth years after registration, then a combined Sections 8 and 9 filing between the ninth and tenth years, and every ten years thereafter. Continued use or qualifying excusable nonuse and timely filings are essential. Madrid-based registrations have separate U.S. Section 71 and international-renewal requirements. USPTO maintenance requirements.
