How to Obtain a Service Mark

The USPTO is the main government agency responsible for registering trademarks.

A service mark is like a trademark except that it can only be used for services such as legal, medical or accounting work. Businesses often file for service marks to protect themselves from others using their name without authorization. The United States Patent and Trademark Office (USPTO) is the federal agency responsible for registering and regulating trademarks. Many states also have their own version of the USPTO that can register service marks for businesses that work within their states.

Instructions

1. Select a service mark and check its availability. A service mark must be unique. You will need to choose another service mark if the same or similar service mark has been registered or reserved by the USPTO. You can search for your proposed service mark via the USPTO's trademark electronic search system (TESS) website.

2. Access the USPTO's online trademark electronic application system (TEAS). Be aware that there are two types of applications: the TEAS "Plus" and the TEAS. If you satisfy all the requirement for a service mark application, such as having the name and address of the person filing the application, a picture or graphic depiction of the service mark and a description of the services that the mark will be linked to, then you should choose the TEAS Plus application. If, on the other hand, you are not fully prepared at the moment, such as not knowing what services you want the service mark to include, then you should use the TEAS application. If you file a TEAS, you will be allowed an opportunity to complete any missing information before a final decision is made.

3. Complete the applications per the online instructions. Make sure to include, at a minimum, the name of the service mark, as well as the name and address of the person applying for the mark. Moreover, remember to mark off that you are applying for a service mark rather than a trademark.

4. Submit your application with the required filing fee ($325 for the TEAS and $275 for the TEAS Plus). The USPTO will review your application before making a final decision on whether your proposed service mark meets all requirements. If so, you will have a registered service mark. You will receive final notification on your service mark registration within four months after the application has been submitted. You can check on the status of your application by accessing the USPTO's Trademarks Application Registration Retrieval system (TARR).

Tips & Warnings

• While filing for a service mark with the USPTO gives your service mark national coverage, it may not be known by a small business owner who simply searches the county or city database for service names. Accordingly, you should consider filing your service name with the secretary of state and also the county or municipal government. The procedure is similar to applying for a service mark with the USPTO but on a smaller scale.

References

• United States Patent and Trademark Office: The Trademark Process
• United States Patent and Trademark Office: TESS
• United States Patent and Trademark Office: TEAS
• United States Patent and Trademark Office: TARR