Tweet

Trademark vs. Service Mark

Written by: Shannon Moore

Article Overview: Simply put, trademarks are for goods while service marks are for services. When discussing either, it is common to use the term "trademark", even when discussing a service use, because the handling of either is interchangeable by both the USPTO and all 50 Secretary of State Offices.

Trademark vs. Service Mark

Simply put, trademarks are for goods while service marks are for services. When discussing either, it is common to use the term "trademark", even when discussing a service use, because the handling of either is interchangeable by both the USPTO and all 50 Secretary of State Offices.

The USPTO says that a "service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms 'trademark' and 'mark' are often used to refer to both trademarks and service marks."

Let's look at each term in more detail.

Trademark:

The USPTO's definition: trademark "protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods."

If your name and/or logo appear on the tangible goods that you're selling, you'd be filing for a trademark.

For instance, let's say you want to protect the name of your clothing line. As long as the name appears on the hang tag, label or the packaging the clothes come in, that would suffice as proof of you using the name in connection with a clothing line. And therefore, you'd file for a trademark.

If the name appears only on the front of the shirt, that's ornamental use and therefore not eligible for trademark protection.

Service Mark:

The USPTO's definition: service mark is "a word, name, symbol or device that is to indicate the source of the services and to distinguish them from the services of others."

If you're selling services in connection with a name and/or logo, you'd be filing for a service mark.

For example, you are opening a restaurant using a specific name. The name as it appears on any signage, menus, advertising, etc., would suffice as proof of your use in connection with your services.

Related Articles
  Trademark a Name and Logo: Together or Separate?
  ® vs. ™
  What's the Point of Getting a Federal Trademark?
  Fanciful Trademarks
  How Do I Trademark a Domain Name?

Article Tags: clothes, clothing line, colors, hang tag, menus, opening a restaurant, proof, secretary of state, state offices, tag label, tangible goods, trademark protection, uspto, word name



Related Forum Posts
Re: Service Or Product? - I agree with starting a Service-based Business in the economy. Here is what I think is critical: 1. Researching that your Service business has a market. 2. Marketing the Service with as much leverage as possible. 3. Product-izing the Service (aka Package Expert Knowledge). This will only help elevate you as "the" expert in your niche and make you accessible to people in different price points.
Hi all from Australia!! - Hi all, My name is Mark. I've been involved in the direct selling industry for the last 10 years since I was introduced to amway way back then, in one or another venture.. I'm here to mix and mingle with other people like myself, like minded entrepreneurs if you will and contribute a little from what knowledge I do have about marketing. I look forward to chatting with everyone out there. Regards, Mark
Help in a Struggling Economy - If anyone on the forum has a question they would like me to ask Mark Tewart on my show Monday Dec 22 - just let me know. I hope to ask him about all kinds of advice that he can share with people who want to improve their sales skills and their life and personal skills. There are many ways to improve our position in business - whether we are the boss or workers -- imagine if you learned to make yourself more valuable to your employer and/or your clients???? Mark can share great information to help you improve your skills and make yourself more valuable. Shri
Re: Sources of Cash - Yes, these can be showed in a balance sheet. Creditors can be shown in the current liabilities section as they are short term liabilities. Loans from banks, shareholders, associates and parent companies are long term liabilities items and showed in the non-current liabilities section. Keep in mind that the mark-up on these loans is a part of your current liabilities and shown as Mark-up payable to S/H and Mark-up payable banks separately.
Who Said Twitter Doesn't Work...? - Last month, the BBC World Service programme, The Strand, featured 21 year-old Icelandic pianist/composer Olafur Arnalds. Arnalds achieved extraordinary success through his internet-led project to compose 7 tunes in 7 days, post them on his website and then post links to it via TWITTER. As a result his website got thousands of visitors eager to listen to his music, catapulting him to fame and bringing his music to the attention of the BBC, who featured an interview with him on the World Service programme, The Strand! So who says Twitter doesn't work? (HINT: It does help if you have something uniquely your own that other people want to get hold of...)


Share this article with your friends. Fund someone's dream.

Leave a comment below or share on the left and you'll help support entrepreneurs in Africa through our partnership with Kiva. Over $50,000 raised and counting - Please keep sharing! Learn more.

Tweet

Newsletter

Get advice & tips from famous business
owners, new articles by entrepreneur
experts, my latest website updates, &
special sneak peaks at what's to come!

Name:
Email:

Popular Articles

When Living the Dream isn't enough!

Selling with Humor (and a Sorry Butt)

Entrepreneurs and the “Oh! No!” Trap

Suggestions

Email us your ideas on how to make our
website more valuable! Thank you Sharon
from Toronto Salsa Lessons / Classes for
your suggestions to make the newsletter
look like the website and profile younger
entrepreneurs like Jennifer Lopez.