What is a Service Mark?

A service mark is a special type of trademark used in many countries to identify service.

It may include a word, phrase, symbol, design, or some combination of these elements.

“SM” is symbol donated for service mark which placed top right corner of the brand logo.

It is an intellectual property protection, the mark restrains competing businesses from using names and insignias that could potentially confuse consumers.

Examples of service mark include

• FedEx is a registered courier delivery service provider.

• United Airlines

• Google

• Facebook

Where can i use a Service Mark

Sometime make confuse with trademark, but these two are different rights. It only use for service given by a provider and didn’t used for product.

It can be effectively implemented in all service provider.

The following list show where to efficiently use service mark:

Airlines:

• It will effectively distinguish your services from other airline service-providing companies. For Example,” Fly the Friendly ” prevent infringement from other competitors.

Plumbing Industry:

• To effectively distinguish the plumbing services from rivals, a logo of a leaking faucet and wrench will act as a service mark to identify their company.

Hotel Industry:

• Hotels offer the best modern food and accommodation services. A service mark will essentially increase the recognition of the company by customers and prevent infringement. For example, no company can provide confusingly similar services to Hilton Hotels.

Shipping and delivery Industry:

• The ever-increasing competition in the shipping and delivery industry requires a company to quickly acquire a service mark. For example, FedEx providing shipping courier services to customers.

Retailing Industry:

• Online retailing is another platform to effectively implement a mark. For instance, the online retailer name, Amazon can be regarded as a mark because it provides online shopping services. However, the name can also be a trademark because Amazon sells services like its Kindle e-reader.

Service Mark Registration

Authorities urge registering the mark at the federal level, preferably with the USPTO to attain the maximum possible protection against piracy.

Other benefits to the owners of federally registered service marks are:

• The right to use of their marks nationwide.

• The right to sue in federal court for trademark infringement

• A source for applying to use the mark in foreign countries, and preventing foreign competitors from using the mark in the United States.

• Federal registration can last indefinitely and the registrant enjoys continuous use of the mark and occasionally renewing registration with the PTO.

Types of Applications for Federal Registration

Registrants may apply for federal registration in three principal ways which are:

1. An applicant who has already begun to use a mark in commerce may file based on that use (“use-in-commerce”).

2. An applicant who has not yet used the mark may apply based on a bona fide intention to use the mark in commerce (an “intent-to-use” application).

3. Additionally, under certain international agreements, an applicant from outside the United States may file in the United States based on an application or registration in another country.

When applying for service mark registration, you must specify what kinds services are to be covered by the service mark. Use clear and concise words identifying the actual goods and services by their common commercial names.

Furthermore, you must submit at least one actual sample(specimen) of how you can get use the mark in commerce. The objective of the specimen is to provide a context for your application. The PTO will use the specimen to conclude whether you are using a mark in commerce in direct association with the services you described in the application.