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A: Yes, a service mark does differ from a trademark. According to the United States Patent and Trademark Office (USPTO) website, a service mark is "any word, name, symbol, device, or any combination, used, or intended to be used, to identify and distinguish the services of one provider from the services provided by others, and to indicate the source of the services." If you have questions regarding the definition of a U.S. service mark, consult an experienced New York trademark attorney.
How does a trademark differ from a service mark?
While the definition of a trademark is similar to that of a service mark, it differs in that a trademark distinguishes manufactured goods, and indicates the source of those goods. So where a service mark distinguishes a business's services, a trademark distinguishes a business's goods.
An example of a service mark may be a restaurant that specializes in locally caught seafood. The fictional restaurant's name, The Local Fisher, is an example of a service mark, as it indicates the service provided by the business. If The Local Fisher also marketed and sold a unique product; say, for instance, The Local Fisher's Secret Seasoning, that would qualify as a trademark, since it applies to a specific product and not the service.
To register your business's trademark or service mark, you can submit your application via the Trademark Electronic Application System (TEAS), which you can access through the USPTO website.
By registering your mark with the USPTO, you will receive the nationwide rights to your registered mark. Once you receive these rights, you can control the use of your registered mark, and prevent others from using it in association with their goods and/or services.
Contacting a New York Trademark Attorney
If you are an entrepreneur who is interested in franchising your business there is a lot you need to know, including the significance of evaluating your trademark and your service mark and how to approach the preparation of your FDD. For a limited time, get New York trademark attorney Charles N. Internicola, Esq's franchise law report to determine whether or not your business is right for franchising. Contact us today at 1-800-976-4904 for more information about Mr. Internicola's franchise law services in New York and how he assists entrepreneurs franchise their business nationwide.
