A service mark or servicemark is a

trademark A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a Good (economics and accounting), product or Service (economics), service f ...

used in the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

and several other countries to identify a

service Service may refer to: Activities * Administrative service, a required part of the workload of university faculty * Civil service, the body of employees of a government * Community service, volunteer service for the benefit of a community or a ...

rather than a product. 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 caps, small capitals and subscript and superscript, superscript style), is a symbol used in the United States and some other jurisdictions to provide notice that the preceding mark is a service ...

superscript A subscript or superscript is a character (such as a number or letter) that is set slightly below or above the normal line of type, respectively. It is usually smaller than the rest of the text. Subscripts appear at or below the baseline, wh ...

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 or on moving vans. However, if the service deals with communications, it is possible to use a service mark consisting of a sound (a sound trademark) in the process of delivering the service. This has been done in the case of

AT&T AT&T Inc., an abbreviation for its predecessor's former name, the American Telephone and Telegraph Company, is an American multinational telecommunications holding company headquartered at Whitacre Tower in Downtown Dallas, Texas. It is the w ...

, 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, commonly shortened to MGM or MGM Studios) is an American Film production, film and television production and film distribution, distribution company headquartered ...

, which uses the sound of a

tiger The tiger (''Panthera tigris'') is a large Felidae, cat and a member of the genus ''Panthera'' native to Asia. It has a powerful, muscular body with a large head and paws, a long tail and orange fur with black, mostly vertical stripes. It is ...

's roar; and

RKO Pictures RKO Radio Pictures Inc., commonly known as RKO Pictures or simply RKO, is an American film production and distribution company, historically one of the major film studios, "Big Five" film studios of Cinema of the United States, Hollywood's Clas ...

, which used a

Morse code Morse code is a telecommunications method which Character encoding, encodes Written language, text characters as standardized sequences of two different signal durations, called ''dots'' and ''dashes'', or ''dits'' and ''dahs''. Morse code i ...

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

advertisement Advertising is the practice and techniques employed to bring attention to a Product (business), product or Service (economics), service. Advertising aims to present a product or service in terms of utility, advantages, and qualities of int ...

s 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