The Differences Between Trademarks and Service Marks

It is common to confuse trademarks and service marks and the protections they provide. In this section, we will discuss the difference between these two forms of intellectual property.

Trademarks

In business, trademarks play a crucial role of brand recognition, an essential facet to the success of a company. The more recognized a brand is, the higher the chances are that consumers are influenced to purchase said good or service. 

A trademark can be a distinctive word, phrase, symbol, or design that identifies and differentiates the source of goods or services of one business from those of another business. You can read more information in our “What is a Trademark?” article. An example of a trademarked word is “popsicle,” registered by Unilever. “It’s on like Donkey Kong” is a widely known trademarked phrase registered by Nintendo. The Starbucks Coffee logos is one of the most recognized trademarked symbols. The Coke bottle design is another well known trademarked design. Each of these trademarks have created exclusivity by becoming so recognized. Further famous trademarks are listed in our recognized trademarks article.

Types of Trademarks

There are several types of trademarks that a business or individual can use to identify their products or services:

1. 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.
2. 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.
3. 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.

1. 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.
2. 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:

1. 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.
2. Design Mark: A design mark is a service mark that includes a logo, graphic, or image as part of the branding.
3. Sound Mark: A sound mark is a service mark that includes a unique sound or jingle as part of the branding.
4. 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:

1. Carl’s Jr: The yellow star is a service mark that is used to identify the fast-food services provided by Carl’s Jr.
2. FedEx: The purple and orange logo is a service mark that is used to identify the shipping and logistics services provided by FedEx.
3. Verizon: The checkmark logo is a service mark that is used to identify the telecommunications services provided by Verizon.
4. 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 vs. 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

The registration process for trademarks and service marks are the same. In order to obtain protection for a trademark or service mark, it must be registered with the United States Patent and Trademark Office (USPTO). You can follow our 4 steps to trademark for more in-depth information on the trademark registration process. 

The first step in the registration process is a thorough search of the desired mark. This search can be completed using the the USPTO’s trademark database, known as TESS, or by hiring a trademark attorney to conduct a more exhaustive search. The purpose of this search is to ensure that the desired mark is not already in use by another business or individual. If the search concludes that the desired mark is not in use, an application can be filed with the USPTO.

A trademark application must include a description of the services provided by the company and a drawing of the service mark. The appropriate fees must be paid. Once the application is submitted to the USPTO, an examining attorney will review the application and either approve or deny the registration of the service mark. Responding to any USPTO office actions or communications is the fourth and final step of the trademark registration process.

If the examiner approves the application, the trademark will be published for opposition, giving others the opportunity to object to the registration of the trademark. If there are no objections, the trademark will be registered, and the owner will receive a certificate of registration. Once registered, the mark owner has exclusive rights to use the mark in connection with the goods or services for which it is registered. If someone else uses a similar mark in a way that causes confusion among consumers, or the same exact mark, the trademark owner can take legal action to protect their rights. For more information on intellectual property infringement, check out our article “What Does Infringement Mean?“

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

Both trademarks and service marks are protected under federal law, but the scope of protection can be slightly different. Trademarks are protected under the Lanham Act, which provides protection against infringement by others. This means that other companies cannot use a similar mark that could create confusion among consumers. Service marks are also protected under the Lanham Act, but they are specifically designed to protect a company’s brand identity related to the services it provides. In simple terms, both trademarks and service marks reserve legal protection, however, the protection extends to a different aspect of a business.

Renewal

Both trademarks and service marks require periodic renewal in order to maintain their legal protection. Trademark registration must be renewed every 10 years, while service marks must be renewed every 6 years. In both cases, the renewal process involves filing a renewal application with the USPTO and paying the appropriate fees.

In conclusion, while trademarks and service marks are similar in many ways, there are also some important differences between the two. Understanding the differences between trademarks and service marks can help companies to protect their brand identity and establish a strong reputation in their respective industries. By obtaining the appropriate trademark or service mark protection, companies can establish brand recognition, prevent confusion among consumers, and maintain a competitive advantage in the marketplace.