Service Mark

What is a service mark?

A service mark is a type of trademark protection designed for service providers. The service mark can apply to identifiable characteristics of a brand, such as logos, phrases, and business names, or any combination of those characteristics. The mark does not identify physical products, like a traditional trademark does.

Service marks prevent other businesses or individuals from using the marked name, phrase, logo, or other characteristic as their own without the written permission of the original owner. If another person uses a service mark protected characteristic, the business owner can take legal action against the intellectual property violation.

Businesses don’t always have to choose between a trademark or service mark. They can have both a trademark and a service mark in some instances, if the business need is there. However, they’ll need to submit a trademark application or service mark application for each characteristic they want to protect.

Service mark FAQs

What is the difference between a service mark and a trademark?

Trademarks and service marks can apply to logos, symbols, words, and phrases. However, they fulfill different purposes. Trademarks identify products that a company provides. A trademark can apply to a specific product or the logo of the company that produces the product. Service marks identify services that a company provides.

For example, the tech company Alphabet protects the name of their search service, Google Search, with a service mark, whereas the logo that appears on Google Search results pages is a trademarked property of Alphabet.

How much does it cost to get a service mark?

On average, business owners can expect to spend $350 to apply for a service mark with the United States Patent and Trademark Office (USPTO). Renewals cost $325 and must be paid in full every 10 years.

How long does a service mark last?

Service mark registration expires every 10 years. However, business owners can renew their service marks indefinitely as long as they pay the required renewal fee on time.

Should you do a service mark search before submitting an application?

Yes. A service mark search, like a trademark search, helps you make sure that you’re the only one using the logo, image, or phrase. If another business is using the characteristic you want to protect with a registered service mark, your application will be denied, and you’ll need to find a more unique characteristic. If you choose to work with a trademark attorney, they’ll run the search on your behalf and can help you figure out the best next steps depending on the results.