A service mark is used to identify the provider of a service or services. This designation may appear in the form of a logo, phrase, tune, symbol or other similar form. The use of service marks prevent competitors from infringing on a company’s intellectual property.
Contrary to popular belief, there is a significant difference between trademarks and service marks. Trademarks are used to identify a company’s products while service marks are used when designating a company’s services. According to United States law, services are only legally considered services if they are performed for other people and are intangible.
As mentioned above, service marks differ from traditional trademarks. Service marks, which typically appear in the form of a particular logo, phrase or design, show that a company provides a service or services. United States intellectual property law defines a service as something intangible provided for the benefit of another party. Service mark laws and regulations are governed by both federal and state law. The federal Lanham Act states how service mark infringement should be handled. According to this law, there are two types of remedies to service mark infringement. The first remedy is known as injunctive relief which refers to a court order that prohibits the infringing company from using your mark. The other remedy available is monetary damages to compensate your business for damage incurred as a result of the infringement.
In order to better understand service marks, let’s take a look at an example. For instance, cleaning service companies commonly use service marks. The reason for this is that cleaning companies typically provide services rather than sell goods. Assume that a broom and a pair of gloves are used in the cleaning company's logo. In this case, the logo would be considered the company’s service mark. The company may choose to put the ℠ symbol next to the logo. Once the mark is registered, a service mark carres the standard registration symbol, which is ®.
Another famous service mark is the golden arches of McDonald’s. Since this fast food restaurant chain provides a service in serving food to customers, their golden arches are considered a service mark. This mark is so iconic that it is considered identifiable all over the world, even when it is not accompanied by the McDonald’s company name.
When it comes to service marks, using and marking them correctly is key. Improper use of a service mark can cause one to lose their rights to intellectual property. If you are interested in using a service mark, it is highly recommended to seek legal advice from a professional intellectual property attorney. Get in touch with one today at Attorney At Law.
