Johnson and Phung PLLC
Patent and Trademark attorneys
General patent and trademark Information

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Topic Covered
A. Service Mark vs Trademark
B. Examples of Well-Known Service Marks
C. Examples of Well-Known Trademarks
D. Are there situations where you can have both a trademark and a service mark?
E. The Service Mark Symbol
F. Federal Registration: Trademark vs. Service Mark
G. Conclusion
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Note that the list of well-known service marks can vary from jurisdiction to jurisdiction, and is determined by factors such as the duration, extent, and geographical area of use, and the recognition the marks have among consumers.

A. Service Mark vs Trademark
In general, a trademark is used to identify and distinguish the product or article of one business from the product or article of another whereas a service mark is a type of trademark that is used to identify and distinguish the services of one business from the services of others. A service mark is similar to a trademark in that it protects the use of a unique mark or symbol in connection with a particular service.

The main difference between a service mark and a trademark is that a trademark protects the use of a unique mark or symbol in connection with a particular product, while a service mark protects the use of a unique mark or symbol in connection with a particular service. For example, Starbucks is a well-known trademark that is used to identify the coffee chain and its menu of coffee products. The "Mermaid" symbol used by Starbucks is a service mark that is used to identify the coffee chain’s services, such as drive-thru and quick-serve services. Both service marks and trademarks are registered with the United States Patent and Trademark Office (USPTO) and are subject to the same legal protections and requirements for use and registration.

B. Examples of Well-Known Service Marks

There are many well-known service marks across various industries. Here are some examples:
1. McDonald's (Fast food chain)
2. Ebay (E-commerce)
3. Uber (Ride-hailing)
4. UPS (Courier and delivery services)
5. Delta (Airline services)


C. Examples of Well-Known Trademarks

1. Coca-Cola (Beverages)
2. Ford (Automobiles)(
3. Apple (Phones)
4. HP (Printers)
5. Sony (Cameras)

D. Are there situations where you can have both a trademark and a service mark?

It depends on your business and the nature of your goods or services. If you are offering goods, you would need to register a trademark. If you are offering services, you would need to register a service mark. It's also possible that you offer both goods and services, in which case you would need to register both a trademark and a service mark. For example, Domino’s Pizza has both a trademark directed to pizzas and a service mark directed to their pizza delivery services.

E. The Service Mark Symbol
The service mark symbol is represented by the letter "SM" (in a superscript font) and is used to indicate that the mark is a service mark and not a trademark. The use of the service mark symbol is not legally required, but it can help to inform the public of the nature of the mark and to emphasize that it is used to identify a service rather than a product. Additionally, the use of the service mark symbol may provide some additional legal benefits, such as creating a record of the use of the mark as a service mark and putting others on notice of the owner's claim to the mark. However, it's important to note that regardless of whether the service mark symbol is used, the mark still needs to meet the other requirements for a service mark, such as being distinctive, in use in commerce, and not being similar to any other existing marks.

F. Federal Registration: Trademark vs. Service Mark
The difference between a trademark and a service mark lies in the type of goods or services being offered. A trademark is used to protect the use of a product or logo in the market, while a service mark is used to protect the use of a name, symbol, or logo in the market for services rather than goods.

When it comes to registering these marks, the process is similar for both trademarks and service marks. An application must be filed with the relevant government agency, usually the United States Patent and Trademark Office (USPTO) in the U.S. The application must include a detailed description of the mark, the goods or services it is being used to protect, and a declaration of the intent to use the mark in commerce. Once the application is submitted, the USPTO will conduct a review to determine if the mark is eligible for registration. If the mark meets the eligibility requirements, it will be published for opposition, during which time third parties can challenge the registration. If there are no objections, the trademark or service mark will be registered and granted legal protection. In summary, while the process of registering a trademark and a service mark is similar, the type of goods or services being offered must be considered in order to determine whether a trademark or a service mark is needed.

G. Conclusion
Having a registered trademark or service mark is important because it gives you the legal right to use your mark and to stop others from using a similar mark that may cause confusion in the marketplace. A registered mark can also be a valuable asset for your business, as it can increase your credibility, help build brand recognition, and add value to your company. Additionally, a registered mark can make it easier for you to enforce your rights if someone else starts using a similar mark. To increase your chances of success in the trademark/service mark registration process, it is recommended that you work with an experienced attorney.


*** Please note that the above information is only general information and should not be considered as legal advice. If you need specific legal advice regarding patent law or trademark law, feel free to reach out to the attorneys at Johnson and Phung for a free initial consultation at our “Contact Us” page at https://mnpatentlaw.com/contact-us/ ***


Johnson and Phung PLLC
We are a Twin Cities patent law firm and Twin Cities trademark law firm that has been committed to helping clients with their Patent, Trademark, and Intellectual Property Law needs in Minneapolis, St. Paul, the Twin Cities metro area, Duluth, Mora, Rochester, Mankato and all of greater Minnesota for over 40 years. All of our Minnesota patent attorneys and trademark attorneys are registered patent attorneys with each having over 20 years of experience."