Service Mark

A service mark is used to identify the source of a service. Like a trademark, a service mark grants the holder the right to exclude others from using the mark, and like a trademark, a service mark may be registered with the US Patent and Trademark Office. Registration allows the service mark holder to prevent others from using the mark and prevent consumer confusion in the marketplace: it ensures that consumers can know the source of the services being sold. Service marks, like trademarks, must meet rigorous distinctiveness requirements in order to be registered. Trademarks can be identified by the use of the “TM” label following the mark, while service marks can be identified by the use of the “SM” label following the mark (although the “SM” label is less often used). Once registered with the USPTO, both trademarks and service marks can be identified by the use of the familiar R within a circle label following the mark. Service marks differ from trademarks in that service marks are usually contained in advertising materials for the service while a trademark shows up on product packaging. As a service has no package to mark, the service mark must instead be displayed on advertising, brochures or on other similar promotional materials like a website.