Service Mark

A service mark is a brand name or logo that identifies the provider of a service. A service mark may consist of a word, phrase, symbol, design or some combination of these elements. A form of intellectual property protection, the mark prevents competing businesses from using names and insignias that could potentially confuse consumers.

Whereas trademarks identify the source of goods, a service mark designates the provider of a service. Despite the distinction, the term “trademark” is commonly used to describe both forms of intellectual property.

A “service” is something intangible provided for the benefit of another party. For instance, a major carpet cleaning company would likely use a service mark in its marketing efforts because it performs an activity rather than offering a physical product.

When federally registered, a service mark carries the standard registration symbol ® or "Reg U.S. Pat & TM Off" can also be used. Prior to registration, it is common practice (including legal standing) to use the service mark symbol ℠ (which is the common superscript SM).

Given the many gray areas of intellectual property law, many are left to question the differences between "TM" and "SM" and ®. As a simple cheat sheet: The TM and SM designations are reserved for trademarks and service marks to prove that someone owns them. While the "R" symbol designates a trademark or service mark that has been officially registered with the U.S. Patent and Trademark Office (USPTO).

While registering a name or logo with the U.S. Office of Patents and Trademarks isn’t expressly required, there are some advantages to doing so. It sends a clear signal to competitors that the registrant enjoys ownership of the mark and provides a “legal presumption of ownership” in all 50 states. For more information, see Patents, Trademarks and Copyrights: The Basics.