Register trademark service [Deep Research]

Last updated : Sept 22, 2022

Can you trademark a service name?

Business names, product names, logos and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business. For additional protection, you can register a trademark with the U.S. Patent and Trademark Office (USPTO).

How do I trademark a service?

To register a trademark or service mark, one has to file an application with the United States Patent and Trademark Office (USPTO). A “service” is something intangible provided for the benefit of another party.

What is the best way to register a trademark?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.

Can I use TM for a service mark?

Every time you use your trademark, you can use a symbol with it. The symbol lets consumers and competitors know you're claiming the trademark as yours. You can use “TM” for goods or “SM” for services even if you haven't filed an application to register your trademark.

Do I need a service mark or trademark?

If your company sells an item or multiple items, you'd need to trademark the mark used to represent the business. If you have a company that provides a service, focus on the service mark. Using TM in your mark represents trademark and SM represents service mark. Neither holds any legal significance.

What is an example of a service mark?

Examples of a Service Mark Take for example a plumbing company. They may have a logo of a leaking faucet and wrench to identify their company. This logo would be a service mark because it identifies their plumbing services. Their name could also be service marked.

Can you trademark a free service?

You can not register a trademark for free. However, what you can do is establish something known as a "common law trademark" for free.

How much does a service mark cost?

How much is the filing fee to register a Trademark or Service Mark with the California Secretary of State's Office? The fee for filing a Trademark or Service Mark is $70.00 per classification code per mark.

How long does a service mark last?

The term of trademark registration can vary, but is usually ten years. It can be renewed indefinitely on payment of additional fees. Trademark rights are private rights and protection is enforced through court orders.

Can I register trademark myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

Can I trademark myself?

Yes, you can trademark yourself, as long as you are in connection with your products or services. This information was provided by our founding attorney, Xavier Morales, Esq. It is possible for an individual to trademark an image of themselves as a product's logo.

Do I have to trademark my logo?

To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

Can I put TM on my logo without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

Are service marks copyrighted?

Service marks have the same purpose as trademarks, but they are used to identify and distinguish the source of services, not goods. Like trademarks, they are protected under the Lanham Act and state laws, and similar rules related to registration and infringement apply to both.

What is the difference between a trademark a service mark and a trade name is a tradename eligible for registration?

The trademark performs a different function than the trade name. The trade name identifies the company while a trademark distinguishes and identifies the source of the goods or services. Confusion can also emanate from the common practice of some businesses including part of or all of the trade name in the trademark.

Does a service mark need to be registered?

Using this symbol without registration is illegal. Registration is not required, although it's recommended. If you don't want to go through the registration process, you can still claim your rights to the symbol or logo. To do this, simply add the service mark or trademark symbol.

Does a service mark have to be registered?

Like a trademark, a service mark does not need to be registered. Using the mark establishes common law rights. However, a federal registration may provide more benefits to the owner if litigation arises and damages are sought in court. Most states have rules for state registration of service marks too.

What is a registered service mark?

A "service mark" is a type of trademark protected and regulated under the Lanham Act. Service marks are used to identify and distinguish the services of one individual or organization, even a unique service, from those provided by others.

What is the importance of registering trademark and service marks?

By registering your trademark, you secure the right to exclusively use the logo or phrase and remove the possibility that your competitors will try to benefit by copying your business. Registration also protects your right to sue another company that uses your trademark to pass off as your business.

What you Cannot trademark?

You can't register a word, phrase, symbol, or design as a trademark without specifically identifying the goods or services being used. Your trademark isn't limited to one good or service. It can be used with many different goods or services, and include both goods and services.

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Write a comment

can you register a trademark when there is already a service mark on it that's the question I'm answering today I'm Aaron Hall an attorney representing business owners in Minneapolis Minnesota let's imagine that you want to register a trademark with the US Patent and Trademark Office that would give you a federal registered trademark but there's already service mark out there does that pose a problem and if so what do you do about that that's the challenge we're tackling today all right so what is a trademark let's start there a trademark is a name a term a logo a mark whatever it is that is being used in association with selling goods or services now so for example think about the Nike shoe Nike we not you hear Nike you think of the shoe company when you see the swoosh which is the Nike logo you think the Nike shoe company you probably don't think oh is that lightning on the shoe is that a wave no you see the image and you go oh that logo represents a company called Nike they sell shoes same with the word Nike so those are examples of trademarks the swoosh and the word Nike because they show an association between the source our Goods and the source of those goods the company Nike but I also said the source of services so Nike primarily sells goods that's products shoes but you can also do a trademark for services and technically that's called a service mark so a trademark is for goods and products a service mark is for services services like a law firm a laundromat a painter a mechanic a realtor all these things are examples of services so imagine that you want to register a trademark but somebody is already using it for a service the question comes down to two issues trademark infringement and trademark dilution let's talk about trademark infringement first is the term that the mark that you're going to use confusingly similar to what the service company is already using and in the industry they're in so let's take a simple example here let's say it's a real estate company and they're called whitewater real estate and you want to ought you want to have a clothing company called whitewater clothing well those are significantly different I don't think in my mind if you were to ask me I don't think if I heard whitewater as it relates to real estate that I'd be like oh that sounds like whitewater clothing they're probably the same company so that's kind of that's the trademark infringement question are they confusingly similar would a member of the public a reasonable person think that they're somehow similar enough and from the same company the second issue is trademark dilution and it's a very similar analysis but the question is are they confusingly similar enough that although they might not be confused as the same company or the same source would they be consume confuses somehow related for example let's say I wanted to create a company called Mercedes computer company well Mercedes car company I don't think sells computers so you might think hey it's different enough it's a whole different industry it's not confusingly similar you might say that however because Mercedes is a very unique term and a term that is so well known throughout the United States Mercedes at least would have a claim for trademark dilution basically saying look even though nobody thinks your little computer company is related to us a premium car company you're ruining the word Mercedes or you're diluting it you're devaluing that term and so we're suing you for trademark dilution and they Mercedes could sue the Mercedes computer company and claim that Mercedes as it relates to computers is diluting the Mercedes car company brand and they must immediately stop or the computer company must stop using that so the analysis is very similar is it confusingly similar but we have to ask two questions first if it's not so similar the public thinks it's the same company is it so similar that it's somehow diluting or harming the reputation and that the brand and the intellectual property rights of a company that has a registered trademark or has trademark rights so back to the question can you use a mark for your trademark if somebody is already using it for a service or they have a service mark yes you can as long as it's not confusingly similar and it's it's not harming their brand they don't have some big brand that would be big harmed by that no you can't if it is confusingly similar now you might say how do I know if it's confusingly similar and admittedly all the experts will agree there's ambiguity in the law and and that's the nature of this area of law there is no perfect way to have a bright-line answer and go oh yeah that that would that's confusing the similar or that's not in these shades of gray so who decides you might be wondering the finder effect in other words if there's a lawsuit between Mercedes car company and Mercedes computer company and it goes before a judge the judge decides the judge would be sitting as the finder of fact the judge would decide is this confusingly similar now if there's a jury that the jury is the finder effect the jury would decide are the two marks confusingly similar this is a pretty high level if you're interested in more information you can see the link in the description below to my website at aaron hall calm if you'd like more educational videos like this you can subscribe to this channel and please see the disclaimer below I highlight these issues as general education not as a substitute for getting legal advice so it is important to talk to an attorney in your jurisdiction if you have actual legal issues that you're dealing with thanks for joining me here today I'm Aaron Hall I look forward to seeing you on the next video

Thanks for your comment Kassandra Scroger, have a nice day.
- Jimmy Sherrick, Staff Member

Thanks for this interesting article

Thanks acoquina0 your participation is very much appreciated
- Jimmy Sherrick

About the author

Jimmy Sherrick

I've studied group psychology at Wilmington College in Wilmington and I am an expert in infrared astronomy. I usually feel restless. My previous job was compensation specialist I held this position for 14 years, I love talking about karting and blogging. Huge fan of Nikki Haley I practice ultimate frisbee and collect cards.