Service Marks Explained: How the Service Mark Symbol Works

A service mark is the designation of a word, symbol, domain name, or any combination thereof belonging to an individual or company that provides a service. Though a service mark is a type of trademark, not all trademarks are service marks. The two terms refer to different forms of intellectual property protection.

As defined by the United States Patent and Trademark Office (USPTO), a trademark is a word, phrase, symbol, or logo that the owner of the mark has identified as a source of unique goods or physical products (registration is common although technically optional). A service mark symbol identifies and distinguishes the owner of the mark as the provider of a unique service specifically.

A service mark provides the same degree of legal protection as a trademark. It eliminates the likelihood of confusion on the part of consumers by preventing other companies from using the same business name, symbols, or a similar mark to promote their services. It also helps companies build a brand name by using a name or symbol to connect the company with a particular level of quality.

You can apply for a service mark application in the following manner:

1. 1. Make sure the mark is unique. The first step in gaining service mark protection is to conduct a service mark search, which determines whether or not the service mark is in use by another entity. Your secretary of state’s office can assist with a service mark search, just as they help with trademark searches. It’s important to note that a service mark must identify the user of the mark as the provider of the service and not just identify the company name, trade name, or the nature of the services.
2. 2. Register the service mark. Once you’ve determined that the service mark is not in use, you can begin the service mark registration application process. It’s not necessary to register a service mark—just using the mark establishes common law rights—but federal registration protects the service mark holder against litigation. Some states also have rules regarding service marks. Inquire with your secretary of state’s office about state trademark requirements.
3. 3. File your application. Complete the registration process by filing your application with the US Patent and Trademark Office. You can use either a hard copy or an electronic application form. Provide a detailed description of your business and the service mark, as well as an image of the service mark. Pay the filing fees (pricing varies according to your type of service). An intellectual property attorney or trademark attorney can help determine the fee price.
4. 4. Wait for the USPTO to review your application. An examining attorney reviews your application as the next step in your federal trademark registration. The waiting period for review is typically four months. There are a number of reasons the USPTO might refuse your application, including the use of another person’s image or surname or the United States flag. The USPTO might also reject an application if the intended trademark symbol is immoral or insulting to another person. In the event of a refusal, you have six months to submit a response addressing every legal problem the office noted.
5. 5. Accept your approval. If the USPTO approves your service mark, they inform you of their decision and publish it in their trade magazine to allow any other company to challenge the approval. Once the thirty-day challenge period has passed, you will receive from the USPTO a certification that allows you to use the registration symbol (®) with your service mark. If you don’t register your service mark, you may use the service mark superscript (℠), although it will not protect you against litigation.

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