Is a Trademark Different from a Service Mark?

Businesses and organizations can protect distinct words, phrases, symbols, or logos that are associated with their brand These are known as trademarks or, in some cases, service marks. At Perkins Law – Brand Protection, we offer our TRADEMARK GENIE® service and we specialize in getting trademarks approved for our clients. Our team wants to ensure that you have the knowledge and resources to establish your intellectual property (IP) rights and protect your brand. In this article, you will find an overview of the differences between a trademark and a service mark.

Know the Difference: Trademark vs. Service Mark

Trademark 

A trademark is used to identify and protect a brand associated with tangible goods. It includes logos, names, symbols, or other elements that help consumers distinguish a company’s products from competitors. For example, the Nike swoosh is a trademark associated with athletic apparel. Trademarks are designed to ensure that consumers associate a specific product with its source.

 Service Mark 

A service mark, on the other hand, applies to services rather than physical goods. It protects the branding of businesses that provide services—from financial consulting to legal representation, to entertainment. For example, FedEx’s logo is a service mark because it identifies their package delivery services. Service marks are designed to help consumers identify the source of a service.

 The Term “Trademark” is Often Used to Describe Service Marks 

Indeed, the United States Patent and Trademark Office (USPTO) explains that “the word ‘trademark’ can refer to both trademarks and service marks.” In other words, the term “trademark” is often used colloquially―and even officially—as a more general reference to both trademarks and service marks. That is true despite the fact that they technically serve different purposes. Remember, a trademark applies to branding for tangible goods, while a service mark protects the branding of services. Despite this distinction, many people and businesses use “trademark” interchangeably for both.

 You Should Register Your Marks for the Maximum Brand Protection

 Brand protection is important. A company’s brand value can be a very big part of its overall value. It is imperative that businesses develop and protect their brand. Registering your marks—whether trademarks or service marks—provides maximum protection for your brand. Common law rights only provide partial protection, formal federal trademark registration with the USPTO provides far stronger and more comprehensive protection. Among other things, formal trademark registration will help you protect your company’s reputation and prevent competitors from using confusingly similar marks. For any business looking to grow and maintain a brand identity, it can make a big difference. An attorney can help you navigate the trademark registration process.

 Speak to Our Boca Raton, FL Trademark Lawyer Today

At Perkins Law – Brand Protection, our Florida intellectual property attorney has the knowledge, skills, and experience to help clients with trademarks and service marks. Have questions about your options? Please do not hesitate to reach out to us by phone or contact our IP law team online to set up your fully confidential initial appointment. We provide trademark law services throughout South Florida and beyond.

Source:

uspto.gov/trademarks/basics/what-trademark