Key Takeaways

  • A service mark identifies and distinguishes services, while a trademark protects products.
  • Service mark examples include names, slogans, logos, and even sounds associated with service providers.
  • Many companies hold both trademarks and service marks (e.g., Amazon, Starbucks, McDonald’s) depending on whether they offer products, services, or both.
  • Registering a service mark with the USPTO gives legal protection, prevents infringement, and strengthens brand credibility.
  • Modern complications include online branding, domain names, and expanding services across digital platforms.
  • Common mistakes include registering the wrong type of mark or choosing marks that are generic or not distinctive.
  • Additional protections can extend to trade dress, such as unique décor or distinctive service-related experiences.

Service Mark Overview

A service mark can be a phrase, a logo, a graphic, a name, or other marks that identify your business as a provider of services distinct from other businesses.

Although closely related, service marks and trademarks differ in some crucial ways. A trademark is used by a business that sells products, such as clothing or jewelry. A service mark is used by a business that offers services, such as dining or plumbing. If your business offers services rather than goods, your branding would generally be a service mark.

Legal professionals often use "mark" to refer to both trademarks and service marks.

Service Mark Examples

Because trademarks and service marks are so similar, they may be confused. Essentially, when your business offers a product for sale, you would use a trademark. The Apple logo is a good example of a trademark, as it's used on all the company's products, such as the Macbook and iPhone.

A familiar example of service marks comes from United Airlines. The name "United Airlines," the "Fly the Friendly Skies" tagline, and the logo of a world map are service marks. This is because United provides a service: airline flights around the world.

Many companies will use both a trademark and a service mark because they provide both goods and services. Take Amazon, for instance. The name of the online retailer can be considered a service mark because it provides online shopping services. However, the name can also be a trademark because Amazon sells branded products like its Kindle e-reader.

Other examples of companies that use both trademarks and service marks include McDonald's and Starbucks. Both companies provide services for diners but also sell specific products. For McDonald's, the products are primarily menu items. Starbucks also sells branded coffee beans, ground coffee, cups for home and travel, and a variety of other tangible goods. The marks on these goods are trademarks.

Distinct sounds may sometimes also be registered for a service mark. The tri-tone of the NBC network is registered as a service mark because a television network is considered a service. Some other sounds registered as service marks include the MGM lion's roar and AOL's classic "You've Got Mail."

More Real-World Service Mark Examples

Beyond airlines and online retailers, numerous industries rely heavily on service marks to build brand recognition. Here are some additional service mark examples from different sectors:

  • Hospitality and Travel: The Hilton name and its “Take Me to the Hilton” slogan are service marks for hotel and lodging services. Similarly, Delta Airlines’ name and branding identify air transportation services.
  • Telecommunications: AT&T uses a globe logo and its name as service marks for communication services.
  • Technology and Streaming: Netflix protects its name and red logo as service marks, distinguishing its video streaming services.
  • Financial Services: Visa and MasterCard logos are service marks tied to payment processing and financial transaction services.
  • Entertainment: The MGM lion’s roar and NBC’s chimes are iconic sound service marks identifying entertainment and broadcasting services.
  • Retail & Food Service: Starbucks’ name is a service mark for its café services, while the branding on coffee sold in stores operates as a trademark.

These examples demonstrate how service marks go beyond just logos—they can include names, sounds, and taglines that make services recognizable and trustworthy to the public.

Why Is Registering Your Service Mark Important?

Service marks and trademarks are considered intellectual property. This generally refers to assets that do not have physical form. Examples are ideas, images, songs, and sounds.

Service mark registration protects both your business and the public. For your business, registration enables you to fight infringement. When your service mark is registered with United States Patent and Trademark Office (USPTO), you can request an injunction against a business that infringes on your mark. You may be able to receive monetary compensation if you can prove losses.

With the public, a registered service mark shows a business is trustworthy and is verified to offer its advertised services.

Sometimes, you might need to register a trademark and a service mark. Let's say that FedEx starts using a new catchphrase to refer to their delivery service. The catchphrase is "Faster than a lightning bolt". Since this phrase refers to a service, it should be registered as a service mark.

Now let's imagine that FedEx decides to expand the use of the phrase. They print it on shipping boxes, packing materials, and even apparel. Because the phrase is now used on physical products, it must now also be registered as a trademark.

As you can see, there are certain situations where you will need both a service mark and a trademark. 

Legal Protection and Competitive Advantages

Registering a service mark provides more than just ownership rights. It creates tangible advantages in the marketplace:

  • Exclusive Rights: Registration grants the owner the exclusive right to use the mark nationwide in connection with the registered services.
  • Public Notice: A registered service mark is recorded in the USPTO database, putting competitors on notice that the mark is legally protected.
  • Enforcement Tools: Businesses can sue infringers in federal court and potentially recover damages, attorney’s fees, and injunctions against further misuse.
  • International Recognition: A U.S. service mark registration can be used as the basis for seeking protection in foreign countries, an important step for expanding service-based businesses globally.
  • Brand Value: Registered service marks enhance the reputation of service providers, increasing consumer trust and often improving the valuation of the business.

In short, registration is not only a defensive measure but also a strategic asset for building a strong and competitive brand identity.

Modern Service Mark Complications

Service marks and trademarks once generally referred to traditional branding methods like logos and phrases. However, the internet, with its increasing role in providing goods and services, has added complications to registering marks.

Unfortunately, there are no concrete laws in place for businesses to register a trademark or service mark for a web address, although you can almost always get an additional registration for a website when you apply for a trademark or service mark. The lack of set rules for web domain service mark registration has resulted in legal complications.

Available web domains can be registered by anyone at any time. This means there is no protocol for a business to prevent an individual from registering a web address that reflects the company name or image.

If, for example, an individual had purchased the domain "nike.com" before the shoe manufacturer did, Nike may not have had any legal options to take over the website. Before commercial websites became common, there was a rush to purchase potentially valuable domain names. Buyers then offered them to large companies for profit.

Congress responded by passing the Federal Trademark Dilution Act of 1995. This act protects companies from uses that dilute their distinctiveness.

An experienced attorney can answer any questions you may have about registering a service mark for a web domain.

Digital Age Challenges for Service Marks

The digital marketplace has expanded the way service marks are used, but it has also introduced complications:

  • Domain Names and Cybersquatting: Opportunistic buyers sometimes register domain names identical to well-known service providers, hoping to profit by reselling them. While the Anticybersquatting Consumer Protection Act (ACPA) offers remedies, businesses often face costly disputes.
  • App Branding: Mobile applications rely on distinctive service marks to stand out in app stores. For instance, Uber’s name and logo serve as service marks for ride-sharing services.
  • Global Reach: Online platforms allow businesses to reach international markets instantly. However, variations in foreign trademark laws make global service mark protection more complex.
  • Social Media Usage: Taglines, hashtags, and branded campaigns used on platforms like Twitter and Instagram may also qualify for service mark protection if they distinctly identify a service.

As services shift to online and mobile platforms, maintaining a strong, enforceable service mark portfolio becomes increasingly critical.

Mistakes that Cause Your Registration to Be Rejected

A common mistake is registering for a service mark when the business really needs a trademark. A service mark is generally only used for businesses that provide services and not goods. If your company offers goods or products in any form, you would use a trademark for those materials.

Let's say your business is a residential cleaning service. Because you offer a service — home cleaning — every type of branding that you use for your business would be registered as a service mark.

Now imagine your cleaning service becomes so popular that you want to start offering branded apparel. Since you now offer a product line, your products' branding is a trademark.

When registering your service mark, there are pitfalls to avoid. You must search your desired design on the Trademark Electronic Search System (TESS) to make sure it's available. You must also make sure your service mark is unique. The mark may not include obscene content, governmental symbols, or geographic markers that can't be used solely by a business.

Once your registration is approved, you may use the ® registration symbol. Meanwhile, you can claim your legal rights to your service mark by using the ℠ symbol.

Frequently Asked Questions

  1. What is the difference between a trademark and a service mark?
    A trademark identifies products, while a service mark distinguishes services. Both offer brand protection but apply to different types of business offerings.
  2. Can a company have both a trademark and a service mark?
    Yes. Many companies, like Amazon and Starbucks, hold both because they provide services (protected by service marks) and sell goods (protected by trademarks).
  3. What are some famous service mark examples?
    Examples include United Airlines’ name and logo, Hilton Hotels’ branding, Netflix’s red logo, and NBC’s chime sound.
  4. Do slogans and sounds qualify as service marks?
    Yes. Slogans like “Fly the Friendly Skies” and sounds like the MGM lion’s roar can be registered as service marks if they identify a service.
  5. How long does a service mark last once registered?
    A service mark can last indefinitely as long as it is actively used in commerce and the owner files periodic maintenance documents with the USPTO.

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