service mark In some countries, notably the United States, a trademark used to identify a service rather than a product is called a service mark or servicemark.[The official definition in U.S. federal law is at 15 U.S.C. 1127.] When a service mark is federally registered, the standard registration symbol ® or "Reg U.S. Pat & TM Off" may be used (the same symbol is used to mark registered trademarks). Before it is registered, it is common practice (but has no legal standing) to use the service mark symbol ℠ (a superscript "SM").
A service mark differs from a trademark in that the mark is used on the advertising of the service rather than on the packaging or delivery of the service, since there is generally no "package" to place the mark on, which is the practice for trademarks. Transportation carriers would paint their service marks on their vehicles, such as on planes or buses. Personal service providers would put their service marks on their delivery vehicles, such as on the trucks of plumbers or on moving vans. However, if the service deals with communications, it is possible to use a service mark consisting of a sound (a sound mark) in the process of delivering the service. This has been done in the case of AT&T, which uses a tone sound followed by a woman speaking the company's name to identify its long distance service, and MGM has used the sound of a lion's roar for its motion pictures.
Under U.S. law, service marks have a different standard of use in order to count as a use in commerce, which is necessary to complete registration and to stop infringement by competitors. A trademark normally needs to be used on or directly in association with the sale of goods, such as on a store display. As services are not defined by a concrete product, use of a service mark in advertisements is instead accepted as a use in commerce.
References
See also
Certification mark
Marketing
Trademark
|
|
|
|
This section is sponsored by: TOP Secret - Online Forex Tricks Learn How To Always Win Online Forex Trading. Plenty of Top FREE Resources. Get Them Now... OnlineForexTricks.info
New Best Business Ideas In Turnmoil Financial Situation. Grab Now! Easy To Start, No Need BIG Capital. Rare Opportunities. MUST ACT NOW! 100% FREE Resources! AllBESTbusiness.info
New Forex Trading Secret's Finally Revealed! Learn How To WIN The Forex Trading, Complete With Software - Trading Platform & Great Fresh Strategies. Act Now & WIN THE MARKET! WinForexTrading.info
Business Law Lawyer Referral Service A State Bar and American Bar Certified Lawyer Referral and Information Service. www.Business-Lawyer-Referral.com
Lowest Priced Computers Get the lowest prices on laptops, desktops and computer accessories www.Geeks.com
HP Laptops & Notebooks Find great deals on HP laptops & notebooks along with accessories for your computer. www.shopping.hp.com
Get a Mac Computer Find the Mac computer that fits your needs from the Macbook to the iMac store.apple.com
Laptop & Desktop Computers Find great deals & low prices brand name laptops and desktop computers. www.buy.com
|