Fact-checked by Grok 2 weeks ago

Service mark

A service mark is a distinctive sign, symbol, word, phrase, or combination thereof used by a provider to identify and distinguish its services from those offered by others in the marketplace.^[1] Unlike trademarks, which apply to goods, service marks specifically pertain to intangible offerings such as consulting, entertainment, or financial services, ensuring consumers can associate the mark with a particular source of quality and origin.^[2]^[3] Service marks serve as essential tools for brand protection, allowing businesses to build goodwill and prevent consumer confusion by prohibiting unauthorized use that could dilute or tarnish the mark's reputation.^[4] They can encompass a wide range of elements, including logos, slogans, sounds, or even colors, provided these elements are inherently distinctive or have acquired secondary meaning through use in commerce.^[2] In practice, well-known service marks like "FedEx" for delivery services or "Google" for search functionalities exemplify how these identifiers foster trust and loyalty among consumers.^[2] Registration of a service mark provides the strongest form of legal protection, typically obtained through national intellectual property offices such as the United States Patent and Trademark Office (USPTO), where applicants must demonstrate use in commerce or a bona fide intent to use the mark. Upon federal registration, owners may use the ® symbol to signify protection, while unregistered marks can employ the SM symbol to assert common-law rights.^[5] Maintenance requires periodic renewals, including affidavits of continued use, to keep the registration active for renewable 10-year terms. Internationally, service marks are safeguarded under harmonized trademark laws through systems like the World Intellectual Property Organization's (WIPO) Madrid Protocol, which enables a single application for protection in 131 countries through 115 member states as of November 2025, covering both goods and services.^[6]^[7] This framework ensures consistent enforcement against infringement, such as unauthorized replication or misleading similarity, thereby supporting global commerce while adapting to regional variations in classification and eligibility.

Definition and Scope

Definition

A service mark is a type of trademark that identifies and distinguishes the source of a service provided by one person or entity from services provided by others, thereby indicating the origin and quality associated with that provider.^[1] Under United States law, the term "trademark" encompasses both trademarks for goods and service marks for services, with service marks specifically applying to intangible offerings such as consulting, entertainment, or financial advice.^[1] Service marks function to prevent consumer confusion by signaling a consistent source, much like trademarks do for tangible products.^[8] To qualify for protection as a service mark, several key elements must be met: the mark must be actively used in commerce, meaning it is employed in the sale, advertising, or rendering of services that are transported or sold across state lines or affecting interstate commerce; it must be capable of identifying the source of the service to consumers; and it cannot be generic or merely descriptive of the service itself unless it has acquired secondary meaning through extensive use, where consumers have come to associate the mark exclusively with the provider.^[9]^[10] Generic terms, such as "banking services" for banking, are ineligible because they name the service category rather than distinguishing a particular source, while merely descriptive terms like "fast delivery" require proof of acquired distinctiveness—also known as secondary meaning—to gain protectable status.^[5] This distinctiveness ensures the mark serves as a source identifier rather than mere informational content.^[10] Service marks can manifest in diverse symbolic forms, including words, phrases, logos, designs, sounds, or even colors, provided they are used in a manner that denotes the service's origin rather than serving a decorative or functional purpose.^[8] For instance, non-traditional forms like a distinctive jingle or a specific shade associated with a service provider may qualify if they function as source indicators.^[8] To denote ownership, the symbol ℠ (superscript SM) is commonly used for unregistered service marks to assert common-law rights, while the ® (registered trademark symbol) may only be affixed to service marks that have been federally registered with the United States Patent and Trademark Office, signifying legal presumption of nationwide rights.^[1]^[5] Service marks represent a subset of trademarks within the broader framework of intellectual property law, focusing exclusively on service-based distinctions.^[1]

Scope and Examples

Service marks are limited in scope to intangible services, such as performances, activities, or performances provided to others for their benefit, rather than tangible goods or internal activities performed solely for the provider's own advantage.^[3] They must serve as distinctive source identifiers in the marketplace, distinguishing the origin of the services from those of competitors.^[4] Protectable services encompass a broad range of categories, including professional services like legal advice and medical consultations (International Class 45 and 44, respectively), hospitality services such as hotel accommodations and restaurant operations (Class 43), transportation services including passenger transport and logistics (Class 39), and online or digital services like software-as-a-service platforms and data processing (Classes 35 and 42).^[11] These categories are organized under the Nice Classification system adopted by the USPTO, ensuring that service marks are applied to specific, identifiable activities rather than vague or overly broad descriptions.^[11] Real-world examples illustrate this application: the NBC peacock logo serves as a service mark for television broadcasting and entertainment services, helping viewers identify the network's programming content.^[12] McDonald's "I'm Lovin' It" slogan functions as a service mark for its fast-food restaurant services, evoking the brand's dining experience worldwide.^[13] Similarly, "AMEX" is a registered service mark for American Express's financial and credit card services, signaling reliable payment and travel-related offerings to consumers.^[14] The scope of service marks has evolved with technological advancements, now encompassing app-based services like Uber's mark for ride-sharing transportation, which integrates digital platforms to connect riders with drivers.^[15] Virtual and digital services, such as Netflix's mark for streaming entertainment, further demonstrate this expansion into online delivery of content and experiences.^[16]

Historical Development

Early Origins

The concept of service marks traces its roots to ancient practices where traders and artisans used distinctive symbols to identify their professional activities, predating formal trademark systems and serving as precursors to modern intellectual property protections. In ancient Mesopotamia, around 2000 BCE, traders employed clay seals and cuneiform inscriptions to authenticate transactions and identify merchants facilitating long-distance exchanges of goods like textiles and metals.^[17] Similarly, in the Indus Valley Civilization, dating back to approximately 2500 BCE, artisans used unique motifs and seals on crafts to signify origin, functioning as early trademarks in trade networks.^[18] These early markings denoted ownership and built trust among consumers, particularly in crafting, where symbols distinguished providers' workmanship. During the medieval period in Europe, these practices evolved into more structured regulations, particularly through guild systems and early laws aimed at ensuring quality. The English Bakers' Marking Law of 1266, enacted under King Henry III, mandated that bakers imprint a unique mark on their bread loaves to identify the producer and prevent fraud in the sale of this essential good.^[19] From the 14th to 16th centuries, European craft guilds, such as those for weavers, blacksmiths, and apothecaries, regulated quality and professional practices across towns and cities, with some using marks to protect monopolies, though formal standardization varied.^[20] These guild practices functioned as collective identifiers, linking symbols to the reliability of craftsmen, akin to contemporary service marks. In the American colonies, English common law principles were adopted, extending protections to service identifiers in emerging commercial sectors. By the 1700s, innkeepers displayed distinctive signs—such as painted boards or symbols outside taverns—to advertise and differentiate their hospitality services along trade routes, allowing travelers to recognize reliable providers under common law precedents against passing off.^[21] Similarly, stagecoach operators in the colonies marked their vehicles with unique insignias or liveries to brand their transportation services, fostering consumer confidence in an era of expanding postal and passenger routes from Boston to Philadelphia.^[22] These practices reflected the transplantation of English traditions, where symbols served to distinguish service providers amid growing colonial commerce. The transition to the modern era in the 19th century was driven by rapid industrial growth, which amplified the need for clear distinctions in an increasingly complex marketplace. As urbanization and expanded rail and steamship networks spurred service-based industries like banking, telegraphy, and hospitality, businesses recognized the value of proprietary marks to combat imitation and build brand loyalty, setting the stage for codified protections.^[23] This era's commercial expansion highlighted how early marking traditions evolved to address the challenges of distinguishing intangible services in a globalizing economy.^[24]

Modern Legislation

The formalization of service mark protection in the 19th century began with landmark legislation in the United States and United Kingdom that established federal and national frameworks for trademark registration, initially focused on goods but providing foundations for later service protections under common law and evolving statutes. The U.S. Trademark Act of 1870, enacted on July 8, introduced the first federal system for registering trademarks used in interstate or foreign commerce, primarily covering marks on merchandise, with courts later interpreting broader commerce protections to encompass service-related uses under common law principles.^[25] In the United Kingdom, the Trade Marks Registration Act 1875 created the world's first comprehensive national register for trade marks, administered by the Patent Office, distinguishing registrable marks for goods; service mark registration was not introduced until the Trade Marks (Amendment) Act 1984.^[26] A pivotal advancement occurred with the Lanham Act of 1946 in the United States, which first codified service marks as a distinct category under federal law, enabling their registration. Signed into law on July 5, 1946, and effective January 5, 1947, the Act explicitly defined service marks as any word, name, symbol, or device used in commerce to identify and distinguish services from those of others, granting them equivalent registrability and enforcement rights to trademarks on goods while expanding coverage to all forms of interstate commerce.^[25] This legislation replaced earlier statutes like the 1905 Act and provided a unified national system that significantly strengthened protections against infringement. Prior laws had focused primarily on goods, with the 1946 Act marking the formal distinction and federal registrability for service marks. Post-World War II international developments further influenced service mark harmonization, with the Paris Convention for the Protection of Industrial Property, established in 1883, serving as an early multilateral framework that protected trademarks across member states and indirectly facilitated the extension of similar principles to service marks in subsequent revisions. Although the original Convention focused on industrial property including goods-related marks, its priority and national treatment provisions (Articles 4 and 5) supported global consistency that later explicitly included service marks via the 1958 Lisbon revision (Article 6sexies).^[27] In the late 20th century, amendments to the Lanham Act addressed the rise of digital services, with the Trademark Law Revision Act of 1988 streamlining registration processes to better accommodate service-based commerce, including emerging technologies.^[25] Further updates in the 1990s, such as the Federal Trademark Dilution Act of 1995 and the Anticybersquatting Consumer Protection Act of 1999, extended protections against dilution and bad-faith domain registrations involving service marks in online environments. Internationally, the Trademark Law Treaty of 1994, implemented in the U.S. in 1999, simplified service mark filings by permitting single multi-class applications for both goods and services, reducing procedural barriers and promoting uniformity across contracting parties.^[28]

Legal Framework

In the United States

In the United States, service marks are protected under federal law primarily through the Lanham Act (15 U.S.C. §§ 1051 et seq.), which governs the registration and enforcement of marks used in interstate commerce to identify and distinguish the source of services from those of others.^[25] The Act treats service marks similarly to trademarks, allowing registration on the Principal Register if the mark is distinctive and used in commerce, thereby providing nationwide protection against infringement and enabling owners to seek remedies such as injunctions and damages.^[25] This federal framework applies to services rendered in interstate or foreign commerce, ensuring uniformity for businesses operating across state lines.^[29] Beyond federal registration, common law rights for service marks arise automatically from prior use in commerce, without the need for formal registration, and are enforceable in state courts under principles of unfair competition.^[29] These rights are geographically limited to the areas where the mark has been used and recognized by consumers, offering protection against passing off or confusion but lacking the presumptions of validity and nationwide scope afforded by federal registration.^[29] Owners relying on common law must prove priority through evidence of continuous use, which can be more challenging in litigation compared to registered marks.^[29] At the state level, protections for service marks in intrastate commerce exist through various state statutes prohibiting deceptive trade practices, with several states adopting the Uniform Deceptive Trade Practices Act (UDTPA) or similar provisions, which prohibit deceptive practices including the misuse of service marks that cause likelihood of confusion.^[30]^[31] These laws, enacted in states such as Illinois, Oklahoma, and Delaware, supplement common law by providing injunctive relief and damages for violations without requiring proof of actual competition or intent, aligning closely with Lanham Act provisions like 15 U.S.C. § 1125(a).^[31] State variations exist in enforcement mechanisms and remedies, but the core focus remains on preventing unfair competition in local service markets.^[30] Federal service mark registrations issued under the Lanham Act have a duration of 10 years from the registration date and can be renewed indefinitely for successive 10-year terms as long as the mark remains in use in commerce.^[32] To maintain registration, owners must file an affidavit of continued use (Section 8) between the fifth and sixth years after registration, and a combined declaration of use and renewal application (Sections 8 and 9) every 10 years, typically within the six months before expiration.^[32] Failure to file these documents results in cancellation, emphasizing the importance of ongoing commercial activity to sustain protection.^[32]

International Recognition

The Paris Convention for the Protection of Industrial Property, established in 1883, forms the foundational international framework for service mark protection by requiring member countries to grant national treatment to service marks from other Union members, ensuring equivalent protection to that afforded to domestic marks without mandating registration in all jurisdictions. This treaty, administered by the World Intellectual Property Organization (WIPO), covers over 170 countries and emphasizes the protection of industrial property, including service marks, to prevent discrimination based on nationality.^[33] Building on this, the Madrid Protocol, adopted in 1989 and entering into force in 1996, enables trademark owners—including those of service marks—to file a single international application through WIPO for protection in multiple member jurisdictions, currently covering 131 countries through 115 members. This system streamlines cross-border protection by designating specific countries or regions in one application, with the mark examined according to each designated territory's laws, thereby facilitating efficient global enforcement for service providers. In the European Union, the European Union Trade Mark (EUTM) system, managed by the European Union Intellectual Property Office (EUIPO) and established under Council Regulation (EC) No 40/94 effective from 1996, provides unitary protection for service marks across all 27 member states, treating them identically to trademarks for goods without distinction. This framework allows a single registration to cover services in classes 35–45 of the Nice Classification, offering centralized opposition and invalidity proceedings to maintain consistency.^[34] Country-specific variations highlight diverse implementations of service mark recognition. In India, the Trade Marks Act, 1999, explicitly defines and protects service marks under sections 2(zb) and 7, enabling registration for services in Nice classes 35–45 to distinguish providers in sectors like advertising and telecommunications.^[35] Similarly, China's Trademark Law, originally enacted in 1982 and significantly amended in 2019, extends protections to service marks by prohibiting bad-faith registrations and enhancing remedies for infringement, with services classified under the same international standards. Despite these advancements, harmonization challenges persist under the Nice Agreement of 1957, which standardizes the classification of goods and services into 45 classes—including 11 for services—but national offices often interpret class scopes differently, leading to inconsistencies in registrability and scope of protection across borders. For instance, variations in how "business consulting" or "online services" are categorized can result in overlapping or denied protections, complicating international strategies for service mark holders.

Registration and Protection

Domestic Registration Process

The domestic registration process for a service mark in the United States is governed by the Lanham Act and administered by the United States Patent and Trademark Office (USPTO). Prior to filing, applicants must conduct a comprehensive search using the USPTO's Trademark Electronic Search System (TESS) database to identify potential conflicts with existing marks.^[36] Additionally, applicants should classify the services associated with the mark using the International Classification of Goods and Services, specifically classes 35 through 45 for services such as advertising, business management, education, and legal services. Applications are filed electronically through the USPTO's Trademark Center, which became the mandatory system for new applications as of January 18, 2025, with a base filing fee of $350 per class of services as of 2025.^[37] Filers must submit details including the mark's representation, the applicant's information, and either a specimen demonstrating current use in commerce (such as an advertisement or website screenshot showing the mark in association with the services) or a declaration of bona fide intent to use the mark under Section 1(b) of the Lanham Act. Incomplete applications or those using free-form identifications of services may incur surcharges of $100 to $200 per class.^[38] Following filing, the USPTO assigns an examining attorney who reviews the application for compliance, including distinctiveness, potential descriptiveness or genericness, and likelihood of confusion with prior marks; this examination phase typically takes 3 to 6 months.^[39] If issues arise, the examiner issues an office action detailing refusals or requirements, to which the applicant must respond within 3 months (extendable by 3 months for a fee).^[39] If the application passes examination, it is published in the USPTO's Official Gazette for a 30-day opposition period, during which third parties may file oppositions before the Trademark Trial and Appeal Board.^[39] If no opposition is filed or any opposition is resolved in the applicant's favor, the USPTO issues a certificate of registration for use-based applications or a notice of allowance for intent-to-use applications, requiring a statement of use within 6 months thereafter; the overall process from filing to registration generally spans 12 to 18 months.^[40] Post-registration maintenance is required to keep the service mark active. Between the fifth and sixth years after registration, the owner must file a Section 8 affidavit of continued use, accompanied by a specimen and a fee of $325 per class. For marks registered via the Madrid Protocol, a Section 71 affidavit serves a similar purpose under international obligations. Renewals, combining Section 8 and Section 9 declarations, are due between the ninth and tenth years, with subsequent renewals every 10 years.

International Filing Options

Service mark owners seeking protection in multiple countries can utilize the Madrid System, administered by the World Intellectual Property Organization (WIPO), to file a single international application that extends coverage to designated member countries. For U.S.-based applicants, the process begins with a prerequisite domestic registration or application at the United States Patent and Trademark Office (USPTO), after which the international filing is submitted through the USPTO or directly to WIPO, allowing designation of up to 131 countries and territories. The basic fee is 653 Swiss francs for a black-and-white mark or 903 Swiss francs for a color mark, plus supplementary fees for each additional class and individual country fees that vary by jurisdiction, such as 789 Swiss francs for the first class in the European Union (with 48 Swiss francs for the second class and 144 Swiss francs for each additional class).^[41]^[42] Once filed, the international application undergoes a central examination by WIPO for formal compliance, followed by an 18-month period during which each designated country's intellectual property office conducts its own substantive review, potentially leading to refusal or protection on a country-by-country basis. This system is particularly efficient for service marks covering services like banking, telecommunications, or hospitality, as it streamlines multi-jurisdictional filing without needing separate applications for each country. Alternatively, owners may pursue direct filings in individual countries or regions, submitting tailored applications to each desired jurisdiction's intellectual property office. For example, protection across all European Union member states can be obtained through a single application to the European Union Intellectual Property Office (EUIPO), with a base fee of €850 for one class, increasing by €50 for each additional class up to the tenth and €150 thereafter. Under the Paris Convention for the Protection of Industrial Property, applicants can claim priority from an initial filing in any member country within six months, preserving the original filing date for subsequent applications in other Paris Convention members. Maintenance of international service mark protections requires separate renewals in each jurisdiction, typically every 10 years, with fees varying by country—for instance, $650 per class (combined Section 8 and 9) in the U.S. or 653 Swiss francs basic fee for the international registration under Madrid.^[37]^[41] In the Madrid System, the international registration remains dependent on the home (basic) registration for the first five years; if the home mark is cancelled or refused, the international protection in all designations may be centrally affected, though subsequent transformations into national applications are possible. The Madrid System offers advantages such as cost savings—potentially 50-70% less than separate national filings for multiple countries—and centralized management of changes or renewals, making it ideal for global service brands like airlines or software services. However, pitfalls include the risk of a single central refusal impacting all designations and the need for local representation in some countries, which can add unforeseen expenses. Direct filings provide greater flexibility for customized protection but often incur higher cumulative costs and administrative burdens for extensive international coverage.

Rights and Enforcement

Owner Rights

Upon registration of a service mark with the United States Patent and Trademark Office (USPTO), the owner acquires exclusive rights to use the mark in connection with the specified services, preventing others from using identical or confusingly similar marks that could cause consumer confusion in the marketplace.^[5] These rights also encompass the ability to license the mark to third parties under controlled terms or to assign ownership entirely to another entity, thereby transferring all associated protections. For federally registered service marks, this exclusivity extends nationwide, providing a broad territorial scope that surpasses the limitations of unregistered rights.^[5] In contrast, service mark rights established through common law—arising from actual use in commerce without federal registration—are limited to the geographic area where the mark has gained recognition and reputation among consumers.^[43] Owners of registered service marks benefit from a legal presumption of the mark's validity, ownership, and exclusive nationwide rights, which shifts the burden of proof to challengers in infringement disputes and strengthens enforcement efforts.^[44] When licensing a service mark, the owner bears an ongoing obligation to exercise quality control over the licensee's use to ensure consistency in service standards, as failure to do so may result in "naked licensing" and potential abandonment of the mark.^[45] This control is essential to preserve the mark's source-identifying function and avoid dilution of consumer goodwill.^[46] Registered service mark owners further gain access to enhanced remedies in litigation, including statutory damages for willful counterfeiting—up to $2,000,000 per mark per type of good or service—and recovery of attorney fees in exceptional cases under the Lanham Act.^[47]

Infringement and Remedies

Service mark infringement occurs when an unauthorized party uses in commerce a mark that is identical or confusingly similar to a registered service mark, leading to a likelihood of confusion among consumers regarding the source, affiliation, or sponsorship of services. Under the Lanham Act, 15 U.S.C. § 1114, the primary standard for determining infringement is the "likelihood of confusion" test, which evaluates whether the defendant's use of the mark is likely to cause consumer mistake or deception. This test, derived from case law and applied by the USPTO and courts, considers multiple factors including the strength of the plaintiff's mark, the degree of similarity between the marks in appearance, sound, and overall impression, the proximity or relatedness of the services offered, evidence of actual confusion, the defendant's intent in adopting the mark, and the marketing channels used.^[48] For instance, a strong, distinctive service mark like a coined term receives broader protection, while services in the same industry, such as competing financial advisory services, heighten the risk of confusion if marks are similar. Infringement can be direct or indirect. Direct infringement involves the unauthorized use of a confusingly similar mark in commerce for services that are related to those protected by the registered mark, without permission from the owner. Contributory infringement arises when a party knowingly induces, causes, or materially contributes to another's direct infringement, such as by providing tools or platforms that facilitate the infringing use.^[49] Additionally, for famous service marks, owners may claim dilution under 15 U.S.C. § 1125(c), where the unauthorized use blurs the distinctiveness of the mark or tarnishes its reputation, even without proof of confusion, provided the mark is widely recognized by the general consuming public.^[50] Remedies for service mark infringement aim to protect the owner's rights and compensate for harm. Courts may grant injunctive relief under 15 U.S.C. § 1116 to immediately stop the infringing use, including orders to destroy infringing materials and correct misleading advertising. Monetary damages, outlined in 15 U.S.C. § 1117, include recovery of the defendant's profits, the plaintiff's actual damages, or statutory damages up to $2 million per mark for willful counterfeiting, with treble damages available for counterfeit cases.^[47] In exceptional cases, such as those involving bad faith or frivolous defenses, prevailing parties may recover reasonable attorney fees.^[47] Enforcement of service mark rights typically begins with non-litigious strategies before escalating to court. Owners often send cease-and-desist letters demanding the infringer halt use and potentially negotiate settlements.^[51] During the registration process, opposition proceedings at the USPTO under 15 U.S.C. § 1063 allow owners to challenge potentially infringing applications before they mature into registrations. For established infringements, federal lawsuits under the Lanham Act provide comprehensive relief, filed in U.S. district courts with jurisdiction over trademark matters. The Lanham Act imposes no federal statute of limitations, but for legal remedies like damages, courts borrow the most analogous state limitations period, often 4 to 6 years depending on the jurisdiction; equitable remedies such as injunctions are governed by the doctrine of laches, which bars claims based on unreasonable delay causing prejudice to the defendant.^[52]

Distinctions from Trademarks

Similarities

Service marks and trademarks share a common legal foundation in the United States, both being protected under the Lanham Act (15 U.S.C. § 1051 et seq.), which establishes a federal system for their registration and enforcement. This statute treats service marks as a subset of trademarks, requiring both to demonstrate distinctiveness and actual use in commerce to qualify for protection.^[5] The core purpose is to enable consumers to identify the source of goods or services, thereby fostering fair competition by preventing misleading associations.^[1] The registration process for service marks mirrors that of trademarks exactly through the United States Patent and Trademark Office (USPTO), involving the submission of applications that specify the mark, its use, and the relevant international classes under the Nice Classification.^[11] Goods fall under classes 1-34, while services are classified in 35-45, but the procedural steps—such as examination for registrability, publication for opposition, and issuance of certificates—are identical for both.^[53] Furthermore, the term "trademark" is often used generically to encompass service marks in legal and administrative contexts, with unregistered trademarks using the ™ symbol, unregistered service marks the ℠ symbol, and registered marks of both using the ® symbol.^[1] In terms of protection scope, both service marks and trademarks safeguard against uses that are likely to cause consumer confusion regarding the origin of goods or services, granting owners exclusive rights enforceable through federal courts.^[48] Remedies available under the Lanham Act, including injunctive relief, monetary damages, and attorney fees in cases of willful infringement, apply equally to violations of either type of mark. This unified approach extends to maintenance requirements, where both are subject to cancellation or abandonment for non-use, typically after three consecutive years without evidence of continued commercial activity, unless excusable circumstances are shown.^[32] Overall, these similarities reflect shared policy goals of promoting brand integrity and competitive markets, ensuring that service marks receive the same robust legal treatment as trademarks to support economic activity centered on reputation and quality assurance.^[4]

Key Differences

The primary distinction between a service mark and a trademark lies in the nature of what they protect: service marks identify the source of intangible services, such as advertising, education, or entertainment, whereas trademarks identify the source of tangible goods, like clothing, electronics, or food products.^[1] This separation ensures that service marks function to distinguish the provider of a service from competitors, while trademarks link a mark to physical products in the marketplace.^[1] In terms of usage, service marks are typically displayed in contexts related to service delivery or promotion, such as websites, business cards, uniforms worn by service providers, or advertising materials that highlight the service being offered.^[54] In contrast, trademarks appear directly on the goods themselves or their packaging, labels, or point-of-sale displays to associate the mark with the product at the point of purchase.^[54] This difference in placement reflects the intangible quality of services, which cannot be affixed with a mark in the same physical manner as goods. Under the Nice Classification system, an international standard for categorizing trademarks, goods are covered in Classes 1 through 34, encompassing categories like chemicals, machinery, and apparel, while services are assigned to Classes 35 through 45, including advertising, telecommunications, and scientific services. A single application can seek protection for a hybrid mark covering both goods and services by specifying relevant classes, allowing for comprehensive coverage when a brand extends across product lines and related offerings.^[11] Practically, registering service marks presents unique challenges due to the intangibility of services, making it more difficult to provide acceptable specimens that demonstrate actual use in commerce compared to the straightforward physical evidence for goods.^[54] For instance, service mark specimens often require proof of advertising or promotional use, which must clearly link the mark to the service, whereas goods specimens like labels suffice more readily.^[54] Additionally, service marks are particularly vulnerable in evolving digital markets, where online service delivery—such as through apps or virtual platforms—can complicate enforcement against infringement and require ongoing adaptation to new technologies like non-fungible tokens or augmented reality experiences.^[55]

References

[1]
What is a trademark? - USPTO
Mar 31, 2021 · The word “trademark” can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.
[2]
Understanding Service Marks: Definition, Benefits, and Real-World ...
A service mark is a brand name or logo that identifies the provider of a service. A service mark may consist of a word, phrase, symbol, design, ...
[3]
Service Marks Under the Law | Intellectual Property Law Center
Oct 16, 2025 · Service marks have the same purpose as trademarks, but they are used to identify and distinguish the source of services, not goods.
[4]
Trademark scope of protection - USPTO
Mar 31, 2021 · Your trademark isn't limited to one good or service. It can be used with many different goods or services, and include both goods and services.
[5]
[PDF] Basic Facts About Trademarks - USPTO
If registered, use an ® after the mark. If not yet registered, use TM for goods or SM for services, to indicate that you have adopted this as a trademark or ...<|control11|><|separator|>
[6]
How to Protect a Trademark? - WIPO
Trademarks are generally protected through registration, following an application filed with the national or regional intellectual property (IP) office.Costs Of Protecting A... · The Trademark Registration... · Obtaining Protection Abroad
[7]
Trademark examples - USPTO
Mar 31, 2021 · Almost anything can be a trademark if it indicates the source of your goods and services. It could be a word, slogan, design, or combination of these.
[8]
Trademark applications – intent-to-use (ITU) basis - USPTO
Aug 27, 2018 · A mark is in use in commerce with services when the mark is used in the sale, advertising, or rendering of the services, and the services are ...
[9]
How to claim acquired distinctiveness under Section 2(f) - USPTO
Jan 12, 2017 · You may submit actual evidence that the applied-for mark has acquired distinctiveness under Section 2(f) in connection with applicant's goods.Missing: generic descriptive
[10]
Goods and services - USPTO
Mar 31, 2021 · Your trademark application must include a list of the goods and services in use or have a bona fide intent to use with your trademark.
[11]
What is a Trademark? - Johnson & Phung, LLC
For example, the NBC "Peacock" or the MGM “Lion”. ... JOHNSON AND PHUNG℠: The ℠ symbol is known as a "service mark" symbol and is used for services rather than ...
[12]
I'M LOVIN' IT Trademark of MCDONALD'S CORPORATION
I'M LOVIN' IT is a trademark of MCDONALD'S CORPORATION. Filed in June 2 (2003), the I'M LOVIN' IT covers Restaurant services.
[13]
Trademarks - American Express
AMERICAN EXPRESS WORLD SERVICE & Design. AMEX. AMEXMAIL SERVICES. BLUE FOR BUSINESS. BLUE FROM AMERICAN EXPRESS. BLUE FROM AMERICAN EXPRESS Card Design. BLUE ...
[14]
Trademarks held by Uber Technologies | Trademark Hall of Fame
The first trademark the company has registered was for the words "Uber Cab" with the United States Patent and Trademark Office (USPTO) on August 31, 2010.
[15]
What is an example of a service mark? - TrademarKraft
Apr 5, 2024 · Like trademarks, service marks can include names, logos, slogans, and other distinctive symbols. Service marks are governed by the same laws as ...
[16]
Trade in Ancient Mesopotamia - World History Encyclopedia
Nov 22, 2022 · Local trade in ancient Mesopotamia began in the Ubaid Period (~6500–4000 BCE), had developed into long-distance trade by the Uruk Period ...
[17]
https://www.worldhistory.org/article/2114/trade-in-ancient-mesopotamia/
[18]
History of medicine in ancient India - Hektoen International
Aug 27, 2021 · As early as 5000 BC, India developed a comprehensive form of healing called Ayurveda. Such traditional healing was first recorded between 4500 and 1600 BC.
[19]
Intellectual Property Law: Trademarks
Proclaimed by King Henry III in 1266 ADE, the law required bakers to place a mark on the leaves of bread that they sold, identifying the baker. Frank I. ...
[20]
Medieval Guilds – EH.net - Economic History Association
Guilds were groups of individuals with common goals. The term guild probably derives from the Anglo-Saxon root geld which meant 'to pay, contribute.'
[21]
The Project Gutenberg eBook of Stage-coach And Tavern Days, by ...
In the Middle colonies ordinaries and inns were just as quickly opened, just as important, just as frequent, as in New England; but in the Southern colonies, ...
[22]
https://research.colonialwilliamsburg.org/DigitalLibrary/view/index.cfm?doc=ResearchReports%5CRR0380.xml&highlight=
[23]
Business and Trademark History during the Nineteenth Century - jstor
This reassessment of the importance of trademarks in busi ness during the nineteenth and early twentieth centuries re veals that the focus by business ...
[24]
A History of Trademarks: from the Ancient World to the 19th Century
Since ancient times, merchants have been using signs or marks in trade to distinguish their products. Registrations came much later, in the 18th century with ...
[25]
[PDF] U.S. Trademark Law - USPTO
The term “collective mark” means a trademark or service mark—. (1) used by ... commission, causes the mark to become the generic name for the goods or services on ...
[26]
Appendix P - Paris Convention - USPTO
Article 6 sexies - [Marks: Service Marks]. The countries of the Union undertake to protect service marks. They shall not be required to provide for the ...Missing: impact | Show results with:impact
[27]
Trademark Law Treaty - WIPO
This Treaty shall apply to marks relating to goods (trademarks) or services (service marks) or both goods and services.
[28]
Why register your trademark? - USPTO
Mar 31, 2021 · These rights, known as “common law” rights, are based on use of the trademark in commerce within a particular geographic area. You may only be ...
[29]
Details on State Deceptive Trade Practices - FindLaw
Virtually every state has a law prohibiting various deceptive trade practices. Typically, the state attorney general has the authority to take action against ...Missing: marks | Show results with:marks
[30]
[PDF] REVISED UNIFORM DECEPTIVE TRADE PRACTICES ACT
The definitions of trademark and service mark parallel those of the Lanham. Trademark Act and several state statutes. § 45, 60 Stat. 443 (1946), 15 U.S.C.. § ...Missing: level | Show results with:level
[31]
Keeping your registration alive - USPTO
Feb 14, 2019 · If your mark is registered on the Principal Register and meets certain legal requirements, including at least five years continuous use in ...
[32]
Paris Convention for the Protection of Industrial Property - WIPO
Marks: Service Marks. The countries of the Union undertake to protect service marks. They shall not be required to provide for the registration of such marks.
[33]
Goods and services - EUIPO - European Union
When applying for a trademark, indicate specific, clear, and precise goods/services, using pre-defined terms, and consider future offerings, but avoid ...
[34]
[PDF] THE TRADE MARKS ACT, 1999 ARRANGEMENT OF SECTIONS
(z) ―Service‖ means service of any description which is made available to potential users and ... shall not be registered if or to the extent the earlier trade ...
[35]
Search our trademark database - USPTO
Nov 30, 2023 · Log into your USPTO.gov account for a better search experience. Logging in using the Sign in link in the top right corner helps you avoid errors.Trademark search · Trademark search system... · Why search for similar...<|control11|><|separator|>
[36]
USPTO fee schedule
Sep 1, 2025 · USPTO fee schedule. Effective January 19, 2025 (Last revised September 1, 2025). The fee schedule provides information and fee rates for ...
[37]
Summary of 2025 trademark fee changes - USPTO
Nov 15, 2024 · This page highlights the changes in the fiscal year 2025 final trademark fee rule effective January 18, 2025.
[38]
Trademark process - USPTO
Jan 4, 2019 · Step 1: Is a trademark application right for you? · Step 2: Get ready to apply · Step 3: Prepare and submit your application · Step 4: Work with ...
[39]
Timelines for the trademark application and post-registration process
Mar 22, 2018 · These timelines show the steps and time frames for processing a trademark application and maintaining a trademark registration.
[40]
What to Know About a Common Law Service Mark (Servicemark)
Feb 28, 2020 · In addition, use of common law service marks are limited and can be geographically restricted from expanding into other markets. Due to the ...
[41]
15 U.S. Code § 1115 - Registration on principal register as evidence of exclusive right to use mark; defenses
### Summary of 15 U.S. Code § 1115
[42]
[PDF] MODULE 12. Trademark Licensing - WIPO
(2) Quality control in trademark licensing However, trademark licensing became acceptable where the licensor (the owner of the trademark) remained in control ...
[43]
Loss of Trademark Rights from Naked Licensing | Articles - Finnegan
Jan 17, 2011 · Trademark owners may forfeit their trademark rights by engaging in “naked licensing” and failing to exercise adequate quality control over a licensee's use of ...
[44]
15 U.S. Code § 1117 - Recovery for violation of rights
To recover (1) defendant's profits, (2) any damages sustained by the plaintiff, and (3) the costs of the action.
[45]
Likelihood of confusion - USPTO
Feb 19, 2021 · Sound. These trademarks are confusingly similar because they could be pronounced the same way, even though they're spelled differently. Your ...
[46]
Secondary Liability for Trademark Infringement - Klemchuk
Jul 24, 2017 · However, secondary infringers and direct infringers have been held equally liable for damages under the Lanham Act because the law regards ...
[47]
15 U.S. Code § 1125 - False designations of origin, false ...
For purposes of paragraph (1), “dilution by tarnishment” is association arising from the similarity between a mark or trade name and a famous mark that harms ...
[48]
Trademark enforcement in USA - Lexology
Oct 22, 2019 · The cease and desist letter should be drafted with care and sent only when the client is committed to litigate if an amicable resolution cannot ...Missing: lawsuits limitations
[49]
Fourth Circuit La(t)ches On to Timeliness of § 43(a) Lanham Act ...
Mar 4, 2021 · The Court held that because § 43(a) claims are “equitable in nature,” laches is the applicable timeliness rule, rather than a state law's statute of ...Missing: infringement | Show results with:infringement
[50]
Nice Agreement current edition version - general remarks, class ...
Jan 1, 2019 · Goods are classified in Classes 1-34, and services are classified in Classes 35-45. For additional information regarding the Nice Classification ...
[51]
Drawings and specimens as application requirements - USPTO
Mar 31, 2021 · To register your trademark for services, your specimen might be a photograph of an advertisement or brochure that shows your trademark used with ...
[52]
[PDF] Non-Fungible Tokens and Intellectual Property: A Report to Congress
Mar 12, 2024 · The trademark issues discussed in section III include: (i) opportunities NFT technology presents for brand owners; (ii) concerns associated with ...