What is the Difference Between a Service Mark & a Trademark?
Service marks and trademarks are both means to protect the sales and profits of goods and services. Individuals or companies who register their goods or services have a legal right to prevent competitors from using the same or a similar name.
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Explanation
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A trademark is registered to protect a product, while a service mark protects a service. Both are frequently referred to as "trademarks."
Purpose
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Companies and individuals register products in order to prevent others from marketing a competitive item under a similar name. This ensures that they can better develop a brand identity, and it protects consumers from inadvertently buying the wrong product whose name might sound familiar.
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Process
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Companies wishing to trademark a product or service must register with the U.S. Patent and Copyright Office. During the registration process, companies can use the letters "TM" or "SM" after a product name. Once the registration process is complete, the circle "R" symbol can be used.
Considerations
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Conducting a thorough trademark search through a qualified attorney will minimize the risk of trademark infringement.
Other Factors
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The U.S. Patent Office also registers patents to protect inventions, and copyrights to protect original works of art or computer software. These are forms of "trademarks" on intellectual or artistic property.
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