What is the difference between a trademark and a service mark?
A trademark is a type of intellectual property, or an invention of the mind, that represents a product or service. It usually takes the form of a word, phrase, symbol, or design that identifies something as coming from a particular source. A trademark is used to distinguish a company’s goods or services from those of others. A service mark, on the other hand, is similar to a trademark in that it also represents a product or service, but it is specifically used in the service industry. Unlike trademarks, service marks are used to identify services rather than goods. Examples of service marks could include names of airlines, banks, or other companies that offer services. In Massachusetts, a registration application must be filed with the Secretary of the Commonwealth’s Office in order to acquire trademark or service mark rights. In order to be approved, the mark must not be too close to another existing one. Trademark law in Massachusetts also allows for legal protection against anyone who infringes on a trademark or service mark.
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