Argentina National Institute of Industrial Property IP Australia Patent Office Brazil National Institute of Industrial Property Canadian Intelectual Property Office State Intellectual Property Office of the People's Republic of China Danish Patent and Trademark Office France National Institute of Industrial Property Germany Patent and Trade Mark Office India Patent Office Irish Patents Office Israel Patent Office Italian Patent and Trademark Office Japan Patent Office Mexico Institute of Industrial Property Intellectual Property Office of New Zealand Norway Patent Office Peruvian National Institute for Intellectual Property Protection Intellectual Property Office Philippines Portugal National Institute of Industrial Property Russian Federal Institute of Industrial Property South Africa Companies and Intellectual Property Registration Office Korean Intellectual Property Office Spain Patent and Trade Mark Office Swedish Patent and Registration Office Swiss Federal Institute of Intellectual Property United Kingdom Patent Office United States Patent and Trademark Office
Patent, Copyright, Trademark & 
Intellectual Property Law Firm
   Patent Offices   
 Provisional Patent 
    Design Patent   
   Utility Patent   
    Patent Search   
    Trade Secret    
    Trade Dress     
    Service Mark    
    U.S. Customs    
    Fee Schedule    
    Ezra Sutton     
   Issued Patents   
  US Patent Office  

 Service Mark 

A "service mark" enjoys all of the exact benefits and protections that a "trademark" receives under the federal trademark statutes. A Service Mark differs simply in that it is a brand or logo that is used in connection with a service, not a product. Only trademarks are used on products. For example, "Don’t leave home without it" is a service mark owned by American Express which is used in connection with its financial services. In contrast, PEPSI is a trademark used in connection with a product, namely, soda. Other examples of service marks include:
a) "You Deserve a Break Today" owned by McDonald’s for restaurant services;
b) Olive Garden, for retail restaurant services;
c) Oppenheimer Funds - The Right Way To Invest, for financial services;
d) EBAY, for Internet Auction Services.

When one files an application to register a service mark, one should use the "sm" symbol next to the service mark, not the "tm" symbol. The sm symbol indicates to the public that the owner of the mark is claiming common law service mark rights (limited to the owner’s geographic trading territories) and is most likely in the process of obtaining a federal registration (meaning there is most likely a pending application to register the mark). Once the owner of the mark receives the federal registration certificate (where protection is expanded to all 50 states), the owner can switch from the sm symbol to the federal registration symbol ®.

 Ezra Sutton, Esq., Plaza 9, 900 Route 9, Suite 201, Woodbridge, NJ 07095 
Copyright © 2004 Ezra Sutton, Esq. All rights reserved.