Service Mark vs Trademark
Could someone explain the difference between a service mark and a trademark? Does the registration process differ between these marks?
Attorney answers (2)
Rebecca S. Ashbaugh
Reputation Level 5
Answered about 4 years ago.
Trademark Application Attorney in Seattle, WA.
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name and applies to goods.
A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services. Unlike a trademark, it applies to services rather than goods.
Basically, a trademark and a service mark serve the same purpose but one identifies a source of goods and the other identifies a source of services. Generally, the process of obtaining a federal registration is the same for either a service mark or trademark.
5 people marked this answer as good
Phillip Gustavo Day
Reputation Level 10
Answered almost 4 years ago.
Financial Markets and Services Attorney in Largo, FL.
I concur with Ms. Ashburgh's explanation and would only add as an example.... think of a University such as Duke University. Duke is clearly a service mark because they provide educational services. But the school also sells merchandise such as t-shirts, coffee mugs, etc. Whenever the word "Duke Univesity" is applied in association with goods, it is a trademark. Whenever a college brochure is sent out to prospective students, the term "Duke University" is used in association with a service. The sole purpose of the the trademark/service mark is to identify a level of quality assocaited with the good or service, whether it is good or bad, there is an consumer impression of brand quality that is developed over time.
The difference in the registration process is what classification and description you use in the application process which may seem simple but I highly recommend consulting an experienced trademark attorney for guidance. Filing an application is relatively easy but what you file will dictate what kind of response you get from the TTAB examining office. Hope this helps.
4 people marked this answer as good
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