What is the difference between a trademark and a service mark?
A trademark is a distinctive symbol, word, or phrase used to identify a product or service as belonging to a specific company. A service mark is similar to a trademark, but it is used exclusively to identify services rather than products. For example, a service mark might be used to identify a particular type of service, such as a cleaning service or an accounting service. It is a type of intellectual property that is protected under trademark law. In the state of California, both trademarks and service marks are regulated by the same set of trademark laws. This means that any company or individual looking to obtain trademark or service mark protection must register their trademark or service mark with the appropriate government agency. Failure to do so can result in legal consequences, including financial penalties and even criminal prosecution. Additionally, both trademarks and service marks must be distinctive in order to be protected under trademark law. This means that the mark must be different from other similar marks in use and cannot be a generic or genericized term. Ultimately, the primary difference between a trademark and a service mark is that a trademark identifies products, while a service mark identifies services. This distinction must be kept in mind when looking to obtain protection for either type of mark.
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