Difference Between A Trademark And A Service Mark
There are differences between a trademark and a service mark
. It is important to understand what those differences are and what it can mean for branding your product or services.Understanding Trademarks
It helps to first understand trademarks and how they work. A trademark serves to identify products of a business from products of another business. This is done through the following ways or a combination of the following ways:
- Name
- Logo
- Sound
- Color
- Word
- Device
The source of goods is identified through its trademark. This becomes the goods brand name and helps to distinguish it from other goods of another business. Unlike patents, trademarks can be renewed so that it is used for as long as a business exists.
A trademark identifies products or goods that a business produces, which is what distinguishes a trademark from a service mark.
Understanding Service Marks
While a trademark identifies products or goods that are produced by a business, a service mark identifies the service that is provided by a business from the services of other businesses. It also serves to name the origin of the service.
So service marks exclusively identify a service while trademarks identify goods.
Which Types of Marks Do Businesses Use?
Businesses can use a TM (trademark) in their goods and/or they can use an SM (service mark) in their services. These symbols are bound by local, state and international laws.
Some types of business that use service marks include services for insurance, transportation and food.
Some businesses require both types of mark. For instance a restaurant would require a service mark because of the food services it provides. Yet it would also need a trademark for any company branded products that they create and sell. In this case, the names or labels of the food in the restaurant's menu could be called a trademark.
What Can Be Trademarked?
Trademarks are original, unique and distinctive to a good. They may include:
- Evocative or suggestive words which suggest the quality of a good
- Made up words
- Arbitrary words
- Unique symbols or logos
It is difficult to trademark the name of a person, a location, or slogan. However, with long term popularity it can happen.
There are also terms that cannot be trademarked, so they won't be protected and aren't eligible for registration. They may include:
- Similarities to another trademark
- Generic terms
- Not recognizable by the public
- Trademarks that have been abandoned
- Functional features
- Titles of movies, music or books
Understanding the difference between a trademark and a service mark will help you determine what you need in order to protect your business's goods and services. To learn more about establishing a trademark or service mark for your company, contact a business lawyer.
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