Why You Might Actually Want A Service Mark Instead Of A Trademark

Law Blog

In the world of intellectual property (IP), the sheer volume of terms makes it hard for an inventor or business owner to know all the differences between patents, copyrights, trademarks, and other forms of protection. Many people struggle with rejections from the trademark and patent office because they're filing for the wrong type of IP claim. Find out if you need a service mark instead of a trademark before spending your money on filings for either form.

Services Vs. Products

The fine point of which type of mark to use to register your business depends on what you're offering customers. If you're selling a product they consume or use, it's best protected by a trademark. Services, such as marketing, plumbing, or pet sitting, are best protected by a service mark. Many large companies utilize both to make sure all of their products and services are covered with the most relevant protection.

Companies Vs. Sole Proprietors

Of course, like trademarks, service marks can also be used to protect the name of the business offering the services. For example, McDonalds holds a trademark on their name, the golden arches design, and individual trademarks for well-known sandwiches that are their distinct products. For a plumbing company, the name of the company and the names of any specific and distinct services, such as the Speedy Unclogging Service, should be all registered for a service mark. The NBC television channel holds a service mark for their three-tone musical introduction because it's a indicator of the service they're offering, which is broadcast television.

Many services are offered by sole proprietors instead of registered companies. If you're an interior designer doing business under your own name, you can try to place a service mark on it but you'll need to overcome a few extra challenges in the process. The three requirements for using a personal name as a service mark are

• That you're so well-known by that name that the general public thinks of you when they hear it
• That your name is so thoroughly associated with your service that just hearing it makes the consumer aware of your business
• That your name indicates the source of a service automatically.

These three things for very hard to prove, even for big celebrities. Sole proprietors still need to protections offered by registration methods like service marks, so considering setting up a trade name through your state's business offices to have an easier time registering your service name. For example, it's far easier to register Stephanie Smith's Consulting Business as a service mark than just the name Stephanie Smith.

For more information, contact a firm such as Mohajerian A Professional Law Corporation.

29 August 2016