A service mark is a word, phrase, symbol, or design that identifies and distinguishes the source of services of one party from those of another. In contrast, a trademark refers to a mark that identifies the goods and services of one party from those of another.
The distinction between a service mark and a trademark is one of convenience and has no legal significance. The bottom line is that a service mark is a type of trademark. Everything you read about a trademark is true of a service mark.
Is there a different application for registering a service mark?
A service mark is registered in the same manner as a trademark. The only difference is that on the trademark application, you would list various services associated with their service mark. By doing so, this application is loosely referred to as a service mark application.
Can you list both goods and services on a service mark application?
You can list both goods and services on a service mark application. You can also call this application a trademark application and still be correct.
What types of services can be listed on a service mark application?
The types of services that can be listed on a service mark application are as follows:
- Class 35: advertising; Business management, organization and administration; Office functions
- Class 36: Financial, monetary and banking services; insurance services; real estate affairs.
- Class 37: Construction services; installation and repair services; mining extraction, oil and gas drilling.
- Class 38: Telecommunications services.
- Class 39: Transport; packaging and storage of goods; travel arrangement.
- Class 40: Treatment of materials; recycling of waste and trash; air purification and treatment of water; printing services; food and drink preservation.
- Class 41: Education; providing of training; entertainment; sporting and cultural activities.
- Class 42: Scientific and technological services and research and design relating thereto; industrial analysis, industrial research and industrial design services; quality control and authentication services; design and development of computer hardware and software.
- Class 43: Services for providing food and drink; temporary accommodation.
- Class 44: Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, aquaculture, horticulture and forestry services.
- Class 45: Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals.
This list is from the NICE classification used by the USPTO. Classes 1-34 list various goods. Classes 35-45 list various services.
How do you identify your trademark as a service mark?
After filing your service mark application, you can use the SM symbol next to the mark to provide notice to others that you consider this mark as your service mark. After the service mark is federally registered, you can start to use the circle R symbol.