Service mark
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A service mark or servicemark is a trademark used in the United States and several other countries to identify a service rather than a product.[1]
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 (with some legal standing) to use the service mark symbol ℠ (a superscript SM).
Usage
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.
Under United States 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 on the uniforms or vehicles of service providers or in
See also
References
- ^ For the U.S. definition, see "15 U.S. Code § 1127. Construction and definitions; intent of chapter". Legal Information Institute. Cornell Law School. Retrieved 12 September 2017.
- ^ Evans, Lawrence E. (1986). "Primer on Trademarks and Service Marks". St. Mary's Law Journal. 18: 138. Retrieved 12 September 2017.
- ^ Howard, Donna L. (2001). "Trademarks and Service Marks and Internet Domain Names: Giving ICANN Deference". Arizona State Law Journal. 33: 637. Retrieved 12 September 2017.
- ^ "In re Thrifty, Inc., 274 F.3d 1349, 1351 (Fed.Cir.2001)". Google Scholar. Retrieved 12 September 2017.