Trademark vs. Service Mark

by | Jul 30, 2019 | All Up In Yo' Business, Trademarks

Ever heard the term “Service Mark?” It’s likely that you’ve heard of a “trademark” before, and you’ve probably seen a “TM” symbol on logos or business names out and about. But what about that strange “SM” symbol you may have come across? You guessed it–SM refers to service mark. The difference between the two? Technically, there is not much of a difference…they’re both trademarks.

The small differences:  

The term “service mark” and the “SM” symbol refer to a trademark that is used for services, versus a “trademark” or “TM” that is used for products and goods. The two terms can often be used interchangeably; you can also use “trademark” to refer to a mark that is used for services. A service mark is a trademark, but it’s not always vice versa. If you say “trademark,” it is not automatically assumed that you’re selling a product. It can also include services. However, if you say “service mark,” it is implied that you’re selling a service.

But frankly, nobody really cares. The USPTO isn’t going to ask if which mark your trademark is. Your rights won’t be affected if you accidentally refer to it as a trademark rather than a service mark. If you’re trying to decide which is more fitting to use for your business, you can always default to using the “TM” symbol. It’s all the same. And of course, if you have a federally registered trademark, you get the added benefit of using the ® symbol, which means it’s “registered.”

This episode of All Up in Yo’ Business highlights the differences between the two marks. Check out the full video to learn more!

Ready to take your brand from blah to bomb? Then check out Brand Bombshell, our all-inclusive trademark registration package.

Want to learn more about trademarks? Check out: Intellectual Property Rights Explained.




You may

Also like

Should I Trademark or Copyright My Logo?

One common question that haunts us trademark lawyers is, "Can I copyright my logo?" You see, the real question, what you should be asking your lawyer, is, "Is my logo a trademark or copyright?" A trademark is a device, like a name, symbol, or design, that is used by a...

read more

Using a dead or abandoned trademark

Like the good, diligent, responsible entrepreneur that you are, you're searching the USPTO trademark database before deciding on a trademark for your business. Inevitably, you stumble upon a trademark record for the name you want to use, and the status says DEAD. What...

read more