What is the difference between a trademark and a service mark?
According to the MPEP 608.01(v), the main difference lies in their application:
- Trademark:
The term ‘trademark’ includes any word, name, symbol, or device, or any combination thereof- (1) used by a person, or (2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter, to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.
- Service mark:
The term ‘service mark’ means any word, name, symbol, or device, or any combination thereof- (1) used by a person, or (2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter, to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown.
In simpler terms, trademarks are used for goods, while service marks are used for services.
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Topics:
Patent Law,
Patent Procedure