 TRADEMARK OR SERVICE MARK
A Ford is identified by several marks: the word "Ford" (not surprisingly called a "word mark"); the script version of the word "Ford" (called a design mark); the blue oval with the script "Ford" inside it (called a composite mark, made of the design mark and the word mark) and, at least on older Fords, a shield design with no words anywhere (called a miscellaneous design mark). All of these marks, some with words, some with designs and some with both, are trademarks of Ford Motor Company. The same is true of Dodge and of almost every other business. A trademark can apply to any goods or products, such as chairs, autos, hamburgers, pants, aircraft or off the shelf computer programs.
A service mark, as the name suggests, identifies those who provide services, such as a landscaping company, a barber, an electrician, a lawyer or custom computer programming. While Trademarks and Service Marks have certain differences, most of what we say about trademarks also applies to service marks. The main difference has to do with the specimens or samples of the mark, which must be sent along with an application to register a mark. The Trademark Office (which is part of the Patent and Trademark Office or "PTO") requires an actual specimen of the mark as it is used.
For a trademarks, the specimens must be the actual labels or packaging or, if too large or bulky, photos of the actual trademark in use, printed, painted, pasted on or engraved in the product or on the package in which the product is sold. However, a service mark is used to identify services which are intangible. A hair cut does not come in a package. Services don't come with a label or packaged in a box. Therefore, the specimens for a service mark can be advertising brochures; print or electronic advertisements or other ways in which the mark is used to identify the services.
Back to Top
|
