Yes and no. In terms of “yes,” for very specific word usage, a “trademark” refers to a word, logo, design, mark, or something similar that is used with a product — a physical thing. By contrast, a “service mark” is a word, logo, design, symbol, or something similar used with a service — a non-physical activity. For example, a business that manufactures and sells machines will have trademarks, while a business that services and repairs those machines will have service marks. A similar distinction can be drawn between a business that brews and sells beer and a tavern that offers beer for consumption in the tavern.
Note that any given word, phrase, logo, design, symbol, etc., can be used with both tangible goods and intangible services. In this sense, the word, logo, design, symbol, etc., will be both a trademark and a service mark. Common examples are symbols placed on various brands of automobiles and also used by “approved” repair shops and dealers.
That being said, the word “trademark” is the more general word that includes the concept, creation, and use of “service marks.” For both products and services, the purpose of a trademark is to allow consumers to identify the commercial source of the goods/services being provided and sold in interstate commerce. In almost all respects, trademarks and service marks are the same. Here are a few examples:
- To obtain a federal registration with the U.S. Patent and Trademark Office, the same application is used, the same fees are charged, and the process for approval is the same
- Both can be registered at the state level under state statutes
- The same legal standards apply as to whether the trademark/service mark is legally sufficient
- The same legal protections are provided for both in circumstances of infringement and/or dilution
- Both must be associated with a certain Class of goods/services
- Once registered, both can use the Circle R and TM symbols
- For both, failure to use the trademark/service mark will result in cancellation of registration
Where there are differences, the differences are minor. For example, part of the process of applying for registration is the provision of “specimens of use.” For tangible goods, this generally means evidence (like photographs) of the trademark being placed on the goods, packaging, etc. However, because services are not tangible, there are slightly different standards for what constitutes a “specimen of use.” For services, it is sufficient to provide evidence of the use of the mark on advertising/marketing materials, signage, websites, etc.
Another minor difference involves the Class of Goods/Services chosen as associated with the mark. Every registered mark must be used with an identified Class/Subclass of goods and/or services. There are 45 classes, with the first 34 applicable to tangible goods and the final eleven applying to services.
Contact the Trademark Attorneys at Revision Legal
For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
