What is the difference between a trademark and a service mark?

A trademark is any design, phrase, symbol, word, or combination of these that distinguishes a company’s products or services from those of its competitors. A service mark is similar to a trademark, except it identifies and distinguishes the source of a service rather than a product. In New York, trademarks and service marks are protected under the common law, which is rule of law developed by courts. This means that the owner of a trademark or service mark can take legal action against anyone who uses an identical or similar mark without permission for similar goods or services. Trademarks are often created to identify goods, while service marks are most commonly used to identify services. For example, a restaurant may use a trademark to identify its logo, and a service mark to identify its catering services. The main difference between a trademark and a service mark is the type of product or service it is used to identify. Trademarks usually identify goods, while service marks usually identify services. To protect a mark, the owner should register it with the United States Patent and Trademark Office. This will prevent infringement of the mark and allow the owner to take legal action if necessary. In New York, trademarks and service marks are an important part of protecting a company’s property. Companies should be sure to register their marks to protect them and to prevent others from using them without permission.

Related FAQs

What is a trademark search and why is it important?
Can I register a trademark for a slogan or tagline?
What is the difference between a trademark and a trade dress?
How do I know if a trademark is already registered?
How much does it cost to register a trademark?
How can I protect my trademark from counterfeiters?
What is the difference between an intent to use application and an actual use application?
What is “fair use” of a trademark?
How can I renew an international trademark registration?
How long does a trademark registration last?

What is the difference between a trademark and a service mark?

Related FAQs

Related Blog Posts