How Are Service Marks Different From Trademarks?

We get this question every now and then, especially after a longer presentation about trademarks.

Someone would invariably ask, And what about service marks?

Well, here's your answer.

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And the answer to that is, they are not.

What used to be is that the term service marks only covered brands in association with services and the term trademarks only covered brands in association with products.

So now, trademarks cover both products and services.

The term service mark is still used occasionally to the refer to brands that only cover services but the term trademarks can cover both products and services.

So don't bother with it, just use trademarks: everybody will understand what that means.

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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.

See our answers to other frequently asked questions about trademarks or leave your comments below!

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