Example Trademark Devices

Executive summary:
A trademark is a device which can take almost any form, as long as it is capable of identifying and
distinguishing specific goods or services. The best way to understand the types of devices available is
through actual examples. The examples on this page are divided as follows:

letters and words,

logos,

pictures,

a combination of words and a logo,

slogans,

colors,

product shapes, and

sounds.

What is a service mark?

A service mark (or servicemark) is a word, phrase, symbol or logo that is used to
brand, identify, and distinguish a service. This is in contrast to a trademark, which is
a word, phrase, symbol or logo that is used to brand, identify, and distinguish a
product.

So in plain English, you would need a service mark if your business provides a
service, rather than a product. While this might seem straightforward enough, there
are a few intricacies to iron out.

Examples of service marks

A restaurant or retail store might deal in physical items, but they actually require
service marks. McDonalds is a registered service mark for restaurant services.
Similarly, Walmart is a registered service mark for retail store services.

In contrast, if you sold a line of jewelry products or clothing products, then you
would want to get a trademark for your product line. Tiffany & Co is a registered
trademark for a line of jewelry products, and Nike is a registered trademark for a
line of footwear and clothing products.

A few cases would call for both a trademark and a service mark.

Suppose FedEx came up with a new slogan: Faster than a lightning bolt. If FedEx
used the slogan to brand its shipping and delivery services, it would be registered
as a service mark. The delivery of items around the country is a service that the
company provides. It is not a tangible good or product.

Now assume that FedEx decided to expand its product line by selling boxes and
packaging materials. If the company were to put the lightning bolt slogan on those
items, the phrase would become a trademark, because it brands an actual product
being offered by the company. Its all a question of context.

The service mark symbol

Whenever a trademark or service mark is federally registered with the United States
Patent and Trademark Office (USPTO), the owner of the trademark may use the
registered trademark symbol, . It is unlawful for unregistered companies to use
this symbol.

If the trademark or service mark is not federally registered, then the appropriate
symbol for a trademark would be , whereas the appropriate symbol for a service
mark would be . In other words, if you are providing a product under a particular
name or logo, then you may use the symbol to signify that you are claiming
trademark rights. If you provide a service instead of a product, then you may use
the symbol for the same purposes.

Registration: trademark vs. service mark

The processes of registering a trademark and registering a service mark are

virtually identical. First, you need to ensure that another company isnt already
using your mark. This can be done using the Trademark Electronic Search System
(TESS).

After youve confirmed that the mark is, in fact, available, youll be set to proceed
with the registration process. To do this, you need to carefully fill out the application
form, taking into consideration the legal implications, and then file your application
online.

Trademark applications require a nonrefundable fee, so it is vital that you complete

the application correctly. The USPTO encourages applicants to consult with a skilled
legal professional before proceeding, especially if they have doubts about their
marks being accepted or if they are unfamiliar with the application process.

The bottom line

The line between a trademark and a service mark is often so thin that many
companies simply end up having both. For example, Google lists its brand as both a
trademark and a service mark.

Ultimately, your concern should not be whether your company has a service mark
or a trademark, but whether your mark is registered. Thats the best way to ensure
that others dont infringe on your mark. Working with an experienced attorney will
increase your chances of success.

A service mark or servicemark is a trademark used in

the United States and several other countries to identify
a service rather than a product.
Definitions
A trademark is any word, name, symbol or device, or combination of these, used by a person
(individual, partnership, corporation or association) to identify his goods and to distinguish them from
the goods manufactured or sold by others. Trademarks indicate the source of goods, even if that
source is unknown. Some examples of well-known trademarks are: Kodak, Coca-Cola, GE, Life-Savers
and McDonalds (with golden arches).
A service mark identifies and distinguishes a persons services and is given the same protection as a
trademark. Citibank (Service mark for Citibank), Greyhound (service mark Greyhound Bus Lines),
and Hilltop (service mark for the Hilltop Restaurant) are a few better-known examples of service
marks.
A trade name is a name used by a person to identify a business or vocation of that person. A trade
name may be registered as a trademark or service mark only if it also functions as a trademark or
service mark.

A person may register a trademark or service with the Division if the mark is used in the
Commonwealth. The use must be bona fide and not merely to reserve a right in the mark. A
trademark is considered in use when it is placed on the goods or containers and tags, labels, displays
or documents associated with the goods and sold or transported in the Commonwealth. A service
mark is used in the Commonwealth when it is used or displayed in the sale or advertising of services
rendered in the Commonwealth.