The registration process difference between a Trademark and a Service mark

While most of us understand what the TM symbol means, and the idea of a trademark, SM, which stands for Service Mark, is not so widely known. In fact, both represent the registration of intellectual property, asserting the holder’s ownership of the subject of the mark. It is the nature of the subject that is most notably different.

Trademarks apply to any word, symbol, device or combination that identify the goods of a specific company from those of others. For most of us, this means a brand name, such as Apple. A service mark is the same idea but represents the services a company provides, for instance, WalMart is a service mark for retail store services. In some cases, companies use both, for instance McDonald’s is both a service mark and a trademark. The stores name is a service mark, the food branding being a trademark.

The two marks are similar in practice too, with the registration process virtually identical and both administered by the US Patent and Trademark Office. Registering both trademarks and service marks is crucial for businesses, allowing them to take control of their own intellectual property and provide an enforceable, recognizable brand for their products or services.

For businesses that provide both goods and services, knowing which to apply for is a common issue. The rule here, is to assess which part of the business represents the majority of its activities, services or products, and use the appropriate mark for that.