A service mark or servicemark is a

trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from othe ...

used in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

and several other countries to identify a service rather than a

product Product may refer to: Business * Product (business), an item that serves as a solution to a specific consumer problem. * Product (project management), a deliverable or set of deliverables that contribute to a business solution Mathematics * Produ ...

. When a service mark is federally registered, the standard registration symbol ® or "Reg U.S. Pat & TM Off" may be used (the same symbol is used to mark registered trademarks). Before it is registered, it is common practice (with some legal standing) to use the

service mark symbol The service mark symbol (the letters in small capitals and superscript style), is a symbol used in the United States and some other jurisdictions to provide notice that the preceding mark is a service mark. This symbol may be used for ser ...

℠ (a superscript SM).

Usage

A service mark differs from a trademark in that the mark is used on the advertising of the service rather than on the packaging or delivery of the service, since there is generally no "package" to place the mark on, which is the practice for trademarks. For example, a private carrier can paint its service mark on its vehicles, such as on planes or buses. Personal service providers can place their service marks on their delivery vehicles, such as on the trucks of

plumbers A plumber is a tradesperson who specializes in installing and maintaining systems used for potable (drinking) water, and for sewage and drainage in plumbing systems.

or on

moving van A moving company, removalist or van line is a company that helps people and businesses move their goods from one place to another. It offers all-inclusive services for relocations, like packing, loading, moving, unloading, unpacking, and a ...

s. However, if the service deals with communications, it is possible to use a service mark consisting of a sound (a

sound trademark A sound trademark or sound logo or audio logo is a trademark where sound is used to perform the trademark function of uniquely identifying the commercial origin of products or services. In recent times, sounds have been increasingly used as trade ...

) in the process of delivering the service. This has been done in the case of

AT&T AT&T Inc. is an American multinational telecommunications holding company headquartered at Whitacre Tower in Downtown Dallas, Texas. It is the world's largest telecommunications company by revenue and the third largest provider of mobile te ...

, which uses a tone sound followed by a woman speaking the company's name to identify its long-distance service;

MGM Metro-Goldwyn-Mayer Studios Inc., also known as Metro-Goldwyn-Mayer Pictures and abbreviated as MGM, is an American film, television production, distribution and media company owned by Amazon through MGM Holdings, founded on April 17, 1924 a ...

, which uses the sound of a lion's roar; and RKO Pictures, which used a Morse code signal for their motion pictures. Under United States law, service marks have a different standard of use in order to count as a use in commerce, which is necessary to complete registration and to stop infringement by competitors. A trademark normally needs to be used on or directly in association with the sale of goods, such as on a store display. As services are not defined by a concrete product, use of a service mark on the uniforms or vehicles of service providers or in advertisements is instead accepted as a use in commerce. However, like trademarks, service marks must pass a test of distinctiveness for it to be qualified as a service mark. For example, Thrifty, Inc. attempted to submit a service mark application that described aspects of their business (uniforms, buildings, certain vehicles) as "being blue." The application was rejected for not being specific enough, and the rejection was upheld on appeal.

References

Brand management Brands Intellectual property law Product management Trademark law Services marketing {{typ-stub

Usage

See also

References