Differnce between Trademarks andService Marks

Do you know the difference between a trademark and a service mark? The two concepts are very similar, but they’re not the same. Understanding the difference is important to properly protecting your intellectual property. A trademark is any word, symbol or device, or any combination of the preceding, used in commerce to distinguish and identify the goods of one vendor from the goods of other vendors, or to identify the source of those goods. A service mark is any word, symbol or device, or any combination of the preceding, used in commerce to distinguish and identify the services of one vendor from the services of other vendors, or to identify the source of those services. As you can see, the two definitions are almost identical, except that trademarks apply to goods and service marks apply to services. In fact, the term “trademark” is often used to refer to both trademarks and service marks. The term “brand name” is also a synonym for either term. Trademarks and service marks exist primarily to prevent confusion as to who is the creator or provider of a good or service. As products and services gain acceptance in the marketplace, the names of those products and services, as well as the names of the companies that make or provide them, become associated with specific qualities in the minds of their purchasers. The reputation that develops helps sell the goods or services by distinguishing them from other, similar goods and services. These marks thus have intrinsic value and over time become a valuable selling aid for the companies that develop them. The process for creating a trademark or a service mark is the same. A person or company must offer a product or service using a name that distinguishes it from other similar products or services. The name must meet certain criteria as to uniqueness in order to qualify, but if a company can show that the name has become associated with the product or service and/or the company itself, it can claim that name as a trademark or service mark and prevent other companies from using it (within reason — there are different levels of trademark protection based on the uniqueness of the name). For ultimate protection, they can formally register the name with the United States Patent and Trademark Office (USPTO) to receive additional protection under federal law and the right to use the “circle-R” symbol after the name to indicate the the name is a registered trademark or service mark. Service marks are a recent innovation in intellectual property, but the growing emphasis on service provision in the modern economy pushed governments to expand the centuries-old concept of the trademark to apply to services. If you think your product or service qualifies for trademark or service mark protection, be sure to consult an intellectual property attorney as soon as possible.

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