Trademarks and Service Marks - What's the Difference?
Updated: Feb 24, 2022
Trademark and Service Mark - are they the Same?
By definition - Yes! Section 45 of the Lanham Act defines a trademark as:
any word, name, symbol, or device, or any combination thereof -
1. used by a person, or
2. which a person has a bona fide intention to use in commerce and applies to register on the principal register.......
to identify and distinguish his or her goods.
The federal definition of a Service Mark is similar, substituting "services" where appropriate.
This is good news! One less definition to learn. However, a Trademark and Service Mark had different and distinct uses.
A business may only need a Trademark. A business may only need a Service Mark. A business may need both a Trademark and Service Mark.
When to Use a Trademark and Service Mark
Trademark
A Trademark is used when a business sells goods such as clothing, food, phones, computers, etc.
Service Mark
A Service Mark is used when a business provides a service.
How to determine if a business sells goods or provides a service?
Let's look at a few examples.
