Services Marks: What, Why, and How (Part A)

Owning a business means it's important to protect your intellectual property. You have to deal with trademarks and copyrights and, if you are in the service industry, service marks. Service marks are used to distinguish one service provider from another.

What is a Service Mark and Why is it Important?

A service mark is to a professional service as a trademark is to a product; it is a word or symbol identifying the service provider. Most businesses use service marks to set themselves apart from similar businesses in the same area or trade.

Unlike a trademark, a service mark is more often established though advertising and promotion. A trademark, however, is established through tags and labels affixed directly to the product. Service marks must operate in this way since, obviously, one cannot put a package around a service as one does with a product.

How Do I Acquire the Rights to a Service Mark?

If you have a service mark to which you would like to hold exclusive rights, you have two options. These options are:

• Register your mark with the government; or
• Establish your service mark through public use.

To register your service mark through the government, you will need to go through the United States Patent and Trademark Office (USPTO). Generally, you can submit an application directly to the USPTO but some states have additional and separate requirements.

Establishing your service mark through public use can be a bit more difficult. This involves holding your product out to the public regularly and continuously, until such a point that the mark is associated by the public with your specific service and company. At this point, you may gain legal protection, but it is risk that leaves you with less options than a registered service mark.

If you are creating a service mark, it would be in your best interest to seek the national business law help of an experienced business and franchise lawyer.

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