How to Get Service Mark Protection
A service mark is like a trademark, except that it is associated with a service instead of a product. It is a logo, design, word, name, symbol or device (or combination thereof) that identifies a service provider and distinguishes the service from others. The process for obtaining a service mark is identical to obtaining a trademark. Simple use creates a presumptive service mark, but registration with the U.S. Patent and Trademark Office strengthens your protection.
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Instructions
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Search for existing marks. Before you start using your service mark, you will want to know if it's already in use. This means surveying similar businesses in your area (or wherever you do business). It also means using the U.S. Patent and Trademark Office's (USPTO) Trademark Electronic Search System, or TESS, to find similar registered marks.
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Use your mark. The establishment of service mark protection is not based just on registration. The most important consideration is whether consumers are likely to associate your mark with your particular service. This goes to the mark's distinctiveness and it's use. Getting you mark out there is an important part of getting it protected.
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Apply for service mark. You can apply for service mark registration online through the USPTO's Trademark Electronic Application System, or TEAS. You'll have to provide a drawing of the service mark and a description of the service.
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Designate your mark. As soon as your mark is in use, you can put the acronym "SM," for service mark, in small letters beside it. But only a registered trademark can be affixed with an "R" designation. Doing so shows that your service mark is registered and discourages infringement.
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Tips & Warnings
When searching for existing marks, be sure to use a variety of keywords describing elements of your mark. Even though you will probably not be found to be infringing a similar design if it is not associated with a similar service or product, it's important to have a distinctive mark that is unique to your service.
