Register Trademark Or Service Mark

The words and symbols you use to identify your firm, such as names, logos, and slogans, are protected by a service mark. Service marks are similar to trademarks, with the exception that service marks are used to designate services, whereas trademarks are used to identify things. Learn more about service marks and the processes that the registration process entails.  

Words, phrases, sounds, or symbols that identify and distinguish your company from others are trademarks and service marks. It’s a trademark if you utilize your mark on things you sell. It’s a service mark if you utilize it for your services. The term “trademark” is sometimes used to apply to both trademarks and service marks. 

How can you know whether you’re selling goods or services? Things you perform for others, such as preparing tax returns or offering golf instruction, are examples of services. Products are tangible objects that you sell, such as tax software or golf equipment.  

WHY REGISTER A SERVICE MARK?  

If you utilize a service mark in your business, you get common law trademark protection. However, this protection is limited and usually only applies to your immediate surroundings. It can be difficult to demonstrate that you have a greater right to use your mark if another company does so.  

Many states allow you to register your service mark, however, this will not protect you if your mark is used by an out-of-state company.  

Registration with the USPTO provides worldwide service mark protection, makes a public record of your mark, permits you to litigate in federal court for trademark infringement, and may make it easier to seek trademark protection in another country.  

The processes for registering a service mark are outlined below; due to the complexity of the process, it may be preferable to engage a third-party registration agency.  

Contact our experts

STEPS TO SERVICE MARK REGISTRATION

Step 1: Conduct a Service Mark Search  

If someone else is already using a deceptively similar mark for the same type of services, you can’t register a service mark. If a mark appears or sounds deceptively similar to an existing mark, a consumer may be mistaken about the source of the services.  

To look for similar service marks, the USPTO provides an online Trademark Electronic Search System or TESS. The thorough trademark search on LegalZoom includes choices to search federal, state, common law, and worldwide databases for potential disputes.  

Step 2: Complete the Service Mark Application

You’ll need the following information to complete the service mark application:  

  • the service mark’s owner’s name and a correspondence address.
  • A conventional character mark, a special character mark, or a sound mark are the three types of marks you can register. A standard character mark protects a collection of letters or words in any format you pick, but a special character format protects your mark in the specific style and color you define.
  • The type of services your mark is used for. You’ll only have service mark protection for the type of services you identify.
  • A picture and specimen of your mark. A picture shows what your mark looks like by itself. You’ll also need a specimen, such as a brochure or a sign, that shows how you are using your service mark. 

Step 3:Submit the Service Mark Application and Pay the Filing Fee  

You’ll pay $225-$325 per class of services registered if you submit your application electronically (as of January 2016). Mail registrations are more expensive, costing $375 per service category.  

Step 4: Respond Promptly to Correspondence from the Trademark Office  

The USPTO will assign your application to an examining attorney. If there are any questions or issues, you may receive an Office Action letter. It’s critical to react to an Office Action letter within the timeframe specified in the letter. Your application may be denied if you do not comply.  

It’s critical to do a thorough trademark search and submit a complete and accurate application when registering a trademark or service mark. Your filing money will not be refunded if your application is denied.