What Is the Difference Between a Trademark and a Service Mark?

When you’re building a business, protecting your brand identity is crucial, and among the most important tools you can use to do so are trademarks and service marks. While they may seem interchangeable at first glance, understanding their distinctions is essential for effectively securing your brand. Learn more about what makes a trademark different from a service mark and contact a New Orleans, Louisiana trademark lawyer from Lemler IP for assistance today.

What Is a Trademark?

A trademark is any word, phrase, symbol, design, or combination of these elements that identifies and distinguishes the goods of one business from those of another. In essence, it’s a badge of origin. For example, a clothing brand might use a specific logo or name to signify its products, allowing consumers to recognize them immediately.

Trademarks don’t just protect your company’s image; they also help consumers make informed purchasing decisions. When people see your trademark, they associate it with the quality and reputation of your business; trademarks are designed to make a lasting impression.

What Is a Service Mark, and How Does It Differ?

While trademarks are associated with goods, service marks perform a similar function for services. A service mark identifies and distinguishes the services a company provides rather than physical products.

To simplify the distinction: if your business sells a tangible product, you’re likely dealing with a trademark. If your business provides a service, such as legal consultation, marketing, or entertainment, a service mark is more appropriate. However, the legal protections and registration processes for both are almost identical, which is why many people use the term “trademark” as a catch-all phrase for both.

Why Do These Distinctions Matter for Your Business?

Knowing the difference between trademarks and service marks can save you time, money, and headaches as you grow your brand. Mislabeling your intellectual property can lead to legal complications or delay your application with the United States Patent and Trademark Office (USPTO).

It’s also worth noting that both trademarks and service marks are invaluable tools in combating infringement. Registering your mark grants you exclusive rights to use it in commerce, providing a foundation for legal action if another entity attempts to use something similar that could confuse consumers.

If you have additional questions about trademarks or service marks or you require the assistance of a skilled intellectual property lawyer, contact Lemler IP today.