A service mark identifies and distinguishes the source of a service rather than a physical product. For example, a company’s name, logo, or slogan used to identify its airline, banking, restaurant, consulting, or advertising services may function as a service mark.
The term “trademark” is also commonly used broadly to refer to both trademarks and service marks. The main difference is what the mark identifies.
In this guide, we will explain what is an example of a service mark, look at common examples, explain service mark vs trademark, and cover service mark registration.
What Is a Service Mark?
A service mark is a word, phrase, symbol, design, or combination of these elements used to identify and distinguish the source of services.
For example, imagine a company called BrightPath Cleaning that provides residential cleaning services. If BrightPath Cleaning uses its name and logo to identify those services, the name and logo can function as service marks.
The USPTO explains that a trademark can identify the source of goods, while a service mark identifies the source of services. In practice, the term “trademark” is often used to refer to both. (uspto.gov)
Simple example
Consider these two businesses:
- ABC Shoes sells shoes.
- ABC Accounting provides accounting services.
The ABC name used on shoes identifies goods, while the ABC name used to identify accounting services can function as a service mark.
The important factor is not simply the name itself. It is how the mark is used and what it identifies.
What Is an Example of a Service Mark?
So, what is an example of a service mark?
There are many common examples. A service mark can be the name, logo, slogan, or another brand identifier used to distinguish services.
Here are some simple examples:
1. A restaurant brand
A restaurant’s name and logo can function as service marks when they identify restaurant services.
For example, a restaurant may use a distinctive name and logo on its storefront, website, menus, and advertising to identify the source of its restaurant services.
2. An airline brand
An airline’s brand name and logo can identify transportation services.
The mark is associated with the airline’s services rather than simply identifying a physical product.
3. A bank’s brand
A bank’s name and logo can function as service marks because they identify financial and banking services.
Customers recognize the mark as identifying the company providing those services.
4. A law firm’s name
A law firm’s name can function as a service mark when it identifies legal services.
For example, a distinctive law firm name used on its website, advertisements, and office materials can identify the source of legal services.
5. A consulting company’s brand
A consulting business can use its name or logo as a service mark to distinguish its consulting services from those provided by competitors.
6. A hotel brand
A hotel’s name and logo can identify lodging and hospitality services.
The brand tells customers where the service comes from.
Service Mark vs Trademark: What’s the Difference?
Understanding service mark vs trademark is easier when you focus on what the mark identifies.
| Feature | Trademark | Service Mark |
| Identifies | Goods/products | Services |
| Example | Clothing brand name | Consulting company name |
| Used in | Product packaging, labels, products, advertising | Websites, signs, advertising, service materials |
| Federal registration | Available through USPTO | Available through USPTO |
| Symbol | ™ or ® | SM or ® |
The distinction comes down to goods versus services.
For example, a company selling shoes could use its brand name as a trademark for the shoes. A company providing shoe repair could use its brand name as a service mark for its repair services.
However, a business can have both trademarks and service marks.
A company may sell physical products while also providing services under the same brand.
Is a service mark a type of trademark?
Yes, in a broad legal sense, service marks fall under trademark law.
The Lanham Act defines “trademark” in a way that includes marks used to identify services, while the USPTO commonly distinguishes between trademarks for goods and service marks for services. (uspto.gov)
This is why you will often see the word “trademark” used when discussing service marks.
What Is the Difference Between TM and SM?
The symbols can also help explain the difference.
™
The ™ symbol is generally used with a mark that identifies goods.
For example:
BrightPath™
A business can use the TM symbol to claim a trademark in a name or logo for goods even if the mark has not been federally registered.
SM
The SM symbol means service mark.
For example:
BrightPath SM
A business may use SM to identify a mark used in connection with services.
®
The ® symbol indicates federal registration.
Once a mark has been federally registered, the owner can use the registration symbol with the registered mark, subject to the applicable rules.
The USPTO notes that TM or SM can be used even when a mark has not been registered, while ® is reserved for federally registered marks and should only be used with the goods or services covered by the registration. (uspto.gov)
How Does a Service Mark Work?
A service mark helps customers identify the source of a service.
Imagine several companies offer similar services.
You might see:
- Different names
- Different logos
- Different slogans
- Different branding
A customer may recognize one particular name or logo and associate it with a specific business.
That association is an important part of trademark and service mark protection.
For example, if you see a recognizable brand name when choosing an airline, hotel, restaurant, or financial service, the mark helps you identify the source of the service.
Can a Business Name Be a Service Mark?
Yes. A business name can function as a service mark when it is used to identify and distinguish the source of services.
For example, suppose a company named NorthStar Digital provides SEO and digital marketing services.
If NorthStar Digital uses the name to identify those services, the name can function as a service mark.
However, simply registering the business name with a state does not automatically create a federal service mark registration.
You need to consider trademark law and the way the name is actually being used.
What Is Service Mark Registration?
Service mark registration is the process of seeking federal registration for a mark used to identify services.
In the United States, you can apply for federal registration through the USPTO.
The application generally requires information such as:
- The name or other mark
- The owner
- The services provided
- The appropriate international class or classes
- The filing basis
- A specimen when required
- The applicable filing fee
The USPTO examines the application to determine whether it meets federal registration requirements.
If you are new to the process, our guide on how to register a trademark in the USA explains the main steps involved.
How Much Does Service Mark Registration Cost?
The cost depends on the application and the number of classes.
The USPTO’s current base application fee is $350 per class for a qualifying application filed under Sections 1 or 44. Additional fees may apply depending on how the application is prepared and filed. (uspto.gov)
For example, if your service mark covers services in two classes, the government filing fees can be higher than an application covering only one class.
You may also have professional fees if you hire a trademark attorney or registration service.
For a detailed breakdown, see our guide to trademark registration cost.
Why Register a Service Mark?
Federal registration can provide important benefits for a service-based business.
These can include:
- Public notice of your claim of ownership
- A legal presumption of ownership and validity in applicable circumstances
- Nationwide rights in the registered mark for the listed services, subject to applicable law
- The ability to use the ® symbol after registration
- Additional federal enforcement options
Registration is not mandatory in every situation. Certain trademark rights can arise from use of a mark in commerce.
However, federal registration can provide protections and legal benefits that unregistered rights may not provide.
How to Register a Service Mark
The process is similar to registering a trademark for goods.
Step 1: Choose the service mark
Decide what name, logo, slogan, or other mark you want to protect.
Step 2: Identify your services
Clearly identify the services associated with the mark.
Step 3: Search for similar marks
Search the USPTO database and other relevant sources for potentially conflicting marks.
Do not limit the search to exact matches. Similar marks used with related services can also create problems.
Step 4: Choose the filing basis
You may file based on current use in commerce or, when eligible, a bona fide intent to use the mark.
Step 5: File the application
Submit the application through the USPTO’s trademark filing system and pay the required fee.
Step 6: Respond to USPTO issues
An examining attorney may issue an Office Action if there are problems with the application.
You may need to respond or make appropriate amendments.
Step 7: Maintain the registration
After registration, you need to continue using the mark and file the required maintenance documents.
The registration does not simply continue forever without action.
If you want to understand the expected timeline, see how long does trademark registration take?
Can You Trademark a Service?
Yes. Services can receive trademark protection when the mark meets the applicable legal requirements.
For example, businesses can seek trademark protection for marks associated with:
- Consulting
- Legal services
- Financial services
- Advertising
- Transportation
- Education
- Entertainment
- Restaurant services
- Hotel services
- Technology services
- Cleaning services
The key is that the mark identifies the source of the services.
Can the Same Name Be Used for Goods and Services?
Potentially, yes.
A business can use the same brand for both products and services.
For example, a technology company might sell software products while also providing consulting services under the same brand.
The business may seek protection covering both the relevant goods and services.
However, trademark rights are not automatically unlimited. The specific goods and services covered by a registration matter.
Service Mark Examples by Industry
To better understand the concept, here are some examples by industry.
| Industry | Example of service | Possible service mark use |
| Banking | Financial services | Bank name and logo |
| Legal | Legal services | Law firm name |
| Hospitality | Hotel services | Hotel brand |
| Transportation | Airline services | Airline name |
| Consulting | Business consulting | Consulting company name |
| Restaurants | Restaurant services | Restaurant brand |
| Education | Educational services | School or education brand |
| Advertising | Marketing services | Agency name |
These are examples of how marks can function as service marks. Whether a specific mark qualifies for registration depends on the facts and applicable trademark requirements.
Can a Service Mark Be Infringed?
Yes. A service mark can be infringed when another party uses a mark in a way that is likely to cause confusion about the source, sponsorship, or affiliation of services.
For example, imagine a well-known consulting company uses a distinctive brand name. Another consulting company starts using a highly similar name for related services.
If consumers are likely to believe that the companies are connected, the trademark owner may have grounds for an infringement claim.
Before taking action, it is important to understand what is trademark infringement and how likelihood of confusion applies.
Potential consequences can include injunctions, monetary damages, profits, and other remedies depending on the facts and applicable law.
For more information, see our guide on trademark infringement penalties.
Service Mark vs Copyright and Patent
A service mark is one form of intellectual property protection, but it serves a different purpose from copyright and patent protection.
- Service mark: Identifies the source of services.
- Trademark: Identifies the source of goods and, in broad usage, can also refer to marks for services.
- Copyright: Protects qualifying original creative works.
- Patent: Protects qualifying inventions.
For a broader comparison, see trademark vs copyright vs patent.
A business may use several forms of intellectual property protection at the same time.
For example, a software company could have:
- A trademark for its brand name
- Copyright protection for original website content and software code
- A patent for a qualifying invention or technical process
Each type of protection covers a different type of intellectual property.
Do You Need a Lawyer to Register a Service Mark?
No, you do not always need a lawyer.
You can file a federal trademark or service mark application yourself through the USPTO.
However, trademark applications can involve legal and strategic issues, particularly when:
- Similar marks already exist
- Your mark may be descriptive
- You are unsure about the correct service classification
- You receive an Office Action
- Another business challenges your application
- Your business operates across several industries
Some businesses choose to work with a trademark attorney or professional registration service for these reasons.
If you are comparing options, you can research the best trademark registration services in USA based on your business needs.
FAQs
What is an example of a service mark?
A restaurant name, airline brand, bank name, law firm name, hotel brand, or consulting company name can function as a service mark when it identifies the source of services.
What is the difference between a trademark and a service mark?
A trademark generally identifies the source of goods, while a service mark identifies the source of services. In broad legal and everyday usage, “trademark” can also refer to marks used for services.
Can a service mark be registered?
Yes. A qualifying service mark can be federally registered with the USPTO. The application must meet the applicable requirements and identify the relevant services.
What symbol is used for a service mark?
The SM symbol can be used to identify an unregistered service mark. After federal registration, the ® symbol can be used with the registered mark in connection with the covered services.
Is service mark registration required?
No. Trademark rights can arise from use in commerce without federal registration. However, federal registration can provide important legal benefits and protections.
How much does service mark registration cost?
The current USPTO base application fee is $350 per class for a qualifying application. Additional government or professional fees may apply.
Can a business name be a service mark?
Yes. A business name can function as a service mark when it identifies and distinguishes the source of the business’s services.
Can I use TM for a service?
Yes, TM is commonly used for trademarks associated with goods, while SM is specifically used for services. The USPTO recognizes both TM and SM for unregistered marks.
How long does service mark registration take?
The timeline varies based on the application, USPTO processing, Office Actions, and potential opposition. Some applications take many months from filing to registration.
What happens if someone infringes my service mark?
The available response depends on the facts, your rights, the other party’s use, and the likelihood of confusion. Possible remedies in a successful infringement case can include an injunction, damages, profits, and other relief.
Final Thoughts
So, what is an example of a service mark? A restaurant name, airline brand, bank name, consulting company name, or law firm name can all function as service marks when they identify the source of services.
The main difference between a service mark and a trademark is what the mark identifies. Service marks are connected to services, while trademarks traditionally refer to marks identifying goods.
If your business depends on a recognizable service brand, searching for conflicts and considering federal registration can help you protect that brand as it grows.
