A service mark identifies and distinguishes the source of a service rather than a physical product. Names, logos, slogans, symbols, and other brand elements can function as service marks when they identify the provider of a service.
So, what is an example of a service mark? A restaurant brand used to identify restaurant services, a transportation company name used for transportation services, or a consulting firm’s name used to identify consulting services can all serve as examples.
The USPTO explains that a service mark identifies the source of services and helps consumers distinguish one provider from another. The term “trademark” is also commonly used broadly to refer to both trademarks and service marks.
What Is a Service Mark?
A service mark is a word, phrase, symbol, design, or combination of these elements that identifies and distinguishes the source of services.
For example, imagine a company called “BrightPath Consulting” that provides business consulting. If the name BrightPath Consulting is used to identify those consulting services, it can function as a service mark.
Service marks can include:
- Business names
- Brand names
- Logos
- Slogans
- Symbols
- Designs
- Certain distinctive combinations of words and designs
The key point is how the mark is used. The USPTO requires a proposed service mark to function as an identifier of the source of the services listed in the application. Simply placing an SM symbol next to a phrase does not automatically make that phrase a service mark.
What is an example of a service mark?
A simple example of a service mark is a restaurant brand name used to identify restaurant services.
For example, when customers see the name and branding of a restaurant and associate it with the restaurant services being provided, the branding can function as a service mark.
Other examples include:
- A bank’s brand for banking services
- An airline’s brand for transportation services
- A law firm’s name for legal services
- A consulting company’s name for business consulting
- A hotel brand for hotel and accommodation services
- A cleaning company’s name for cleaning services
- A telecommunications company’s brand for communication services
- A software company’s brand for certain non-downloadable software services
The important distinction is that the mark identifies the source of the service, rather than simply identifying a physical product.
10 Examples of Service Marks
Service marks appear across almost every service industry. Here are some common examples.
1. Restaurant Service Marks
Restaurant businesses use names, logos, and other branding to identify their restaurant services.
For example, a restaurant’s name displayed on its storefront, website, menus, and advertising can identify the source of its restaurant services.
2. Banking Service Marks
Banks use brand names and logos to distinguish their financial services from those provided by other institutions.
The mark can identify services such as banking, financial transactions, lending, and related financial activities.
3. Transportation Service Marks
Airlines, rideshare companies, shipping companies, and other transportation businesses use service marks to identify their services.
The brand helps customers recognize which company is providing the transportation service.
4. Hotel Service Marks
A hotel name or logo can function as a service mark when it identifies hotel and accommodation services.
The same brand may also be used on physical goods, such as merchandise, which can involve trademark protection for those goods.
5. Legal Service Marks
Law firms often use their firm name, logo, or slogan to identify their legal services.
For example, a distinctive law firm name used to promote and provide legal services can function as a service mark.
6. Consulting Service Marks
Consulting businesses can protect branding associated with their professional services.
A consulting company’s name or logo can distinguish its services from those offered by competing firms.
7. Cleaning Service Marks
A residential or commercial cleaning company can use its brand name to identify its cleaning services.
The name displayed on vehicles, advertising, websites, and other service materials can help consumers identify the source of those services.
8. Education Service Marks
Schools, training companies, and educational organizations may use service marks to identify their educational services.
This can include names and branding associated with training, instruction, educational programs, or other qualifying services.
9. Technology Service Marks
Technology companies can use service marks for qualifying technology-related services.
For example, a brand may identify software development, technology consulting, cloud-related services, or other services depending on the company’s specific offering.
10. Advertising and Marketing Service Marks
An advertising agency may use a distinctive brand name or logo to identify its advertising services.
The mark distinguishes that agency’s services from those of other marketing companies.
Service Mark vs Trademark: What Is the Difference?
The difference between service mark vs trademark mainly concerns what the mark identifies.
| Trademark | Service Mark |
| Identifies goods | Identifies services |
| Used with products | Used with services |
| Can appear on packaging or products | Often appears in advertising and service materials |
| Example: branded clothing | Example: branded consulting services |
| Protects the source of goods | Protects the source of services |
The USPTO describes a trademark as a mark used for goods and a service mark as a mark used for services. However, “trademark” is often used as a general term that includes both.
Example of the Difference
Suppose a company sells branded coffee beans and also operates coffee shops.
The brand used on the coffee beans can function as a trademark for goods.
The same brand used to identify the company’s restaurant or coffeehouse services can function as a service mark.
A business can therefore have trademark rights associated with both goods and services when the requirements for each are met.
Does a Service Mark Protect a Name or a Logo?
It can. A service mark can consist of:
- A business name
- A brand name
- A logo
- A slogan
- A word
- A phrase
- A combination of these elements
However, the name or logo must actually function as a source identifier for the services listed in the application.
The USPTO explains that merely using a designation in advertising does not necessarily make it a service mark. The use must create an association between the mark and the source of the services.
What Industries Use Service Marks?
Service marks are used in many industries, including:
- Banking and finance
- Insurance
- Restaurants
- Hotels
- Transportation
- Telecommunications
- Education
- Entertainment
- Legal services
- Medical services
- Advertising
- Consulting
- Technology
- Real estate
- Beauty services
- Cleaning services
- Repair services
The specific international class depends on the type of service being provided.
For example, International Class 37 covers certain construction, installation, maintenance, and repair services, while other services fall into different classes.
If your business also sells physical products, those goods may need to be considered separately. For example, a beauty company could need a class 3 guide when determining the appropriate classification for certain non-medicated cosmetics and fragrances.
What Are the Different Service Classes?
The Nice Classification divides goods and services into 45 classes.
Generally:
- Classes 1–34 cover goods.
- Classes 35–45 cover services.
Examples of service classes include:
Class 35
Advertising, business management, business administration, and certain retail and related services.
Class 36
Insurance, financial, monetary, and real estate services.
Class 37
Construction, installation, maintenance, and repair services.
Class 38
Telecommunications services.
Class 39
Transportation, travel arrangement, and storage services.
Class 40
Treatment of materials and certain processing services.
Class 41
Education, training, entertainment, sporting, and cultural services.
Class 42
Scientific, technological, software development, and related services.
Class 43
Food, drink, restaurant, hotel, and temporary accommodation services.
Class 44
Medical, beauty, veterinary, agricultural, and related services.
Class 45
Legal, security, and certain personal and social services.
The correct class depends on the actual service being provided. Choosing a class based only on your industry name is not enough. The identification of services in the application must accurately describe what the business provides.
What Is Service Mark Registration?
Service mark registration is the process of applying to the USPTO for federal registration of a mark used to identify qualifying services.
Registration is not always required to establish trademark rights. The USPTO explains that trademark rights can arise through use, although unregistered rights are generally more limited than federal registration. Federal registration can provide broader nationwide protection and other legal benefits.
The general process includes:
- Choosing the service mark
- Searching for potentially conflicting marks
- Identifying the services
- Selecting the appropriate international class
- Determining the filing basis
- Preparing the application
- Providing a specimen when required
- Paying the applicable filing fee
- Responding to USPTO communications
- Maintaining the registration after registration
How to Register a Service Mark
1. Choose a Distinctive Mark
Start with the name, logo, slogan, or other branding you want to protect.
A distinctive mark is generally easier to protect than wording that merely describes the service.
2. Search Existing Marks
Before filing, search for existing registrations and applications that could conflict with your proposed mark.
Do not search only for exact matches. Consider:
- Similar spellings
- Similar pronunciations
- Similar meanings
- Similar logos
- Related services
- Marks with similar commercial impressions
A thorough search can help identify potential problems before you invest heavily in branding.
3. Identify Your Services
Clearly describe what your business actually provides.
For example, a marketing agency should identify its specific marketing or advertising services rather than simply using a broad phrase such as “business services.”
4. Select the Correct Class
Choose the international class that corresponds to your services.
A single business can potentially have services in multiple classes if its offerings genuinely fall into different classifications.
5. Determine Your Filing Basis
A U.S. trademark or service mark application may use different filing bases depending on whether the mark is already being used in commerce or whether the applicant has a bona fide intent to use it.
The requirements and supporting evidence can vary by filing basis.
6. Prepare Your Specimen
If a specimen is required, it must show how the mark is actually used in commerce with the services.
For service marks, acceptable examples can include:
- Advertisements
- Websites
- Brochures
- Business signs
- Service vehicles
- Other promotional material that directly associates the mark with the services
The USPTO states that a service specimen must show a direct association between the mark and the services.
7. File the Application
You can submit the application electronically to the USPTO and pay the applicable government filing fees.
If you need professional assistance with the filing process, you can file US trademark online with Mindmark IP Law.
What Is a Service Mark Specimen?
A specimen is evidence showing how your mark is actually used in commerce.
For services, the specimen needs to connect the mark with the services being offered.
For example, an advertisement could be an appropriate specimen if it displays the service mark and clearly promotes the relevant service.
A website screenshot can also potentially qualify when it creates a direct association between the mark and the services.
The USPTO specifically states that a service specimen can include advertising, brochures, website printouts, business signs, and service vehicles.
Can You Use SM Without Registration?
Yes. The USPTO allows businesses to use SM with an unregistered service mark to indicate that they are claiming the mark for services.
You do not need to have a federal registration before using SM.
The ® symbol is different. The USPTO states that the registration symbol can be used only after the mark has actually been federally registered, and its use should be limited to the goods or services covered by the registration.
What Is the Difference Between SM, TM, and ®?
These symbols communicate different things.
SM
SM means service mark. It can be used with an unregistered mark associated with services.
TM
TM means trademark. It can be used with an unregistered mark associated with goods.
®
® indicates that the mark has been federally registered.
You cannot use ® simply because you have submitted a trademark application. Federal registration must actually be granted first.
If you need to know how to type the symbol, you can also review the proper use of the registered trademark symbol on Mac.
Why Is Service Mark Registration Important?
Federal registration can provide important benefits for businesses that rely on service-based branding.
A registered service mark can help establish nationwide rights in connection with the registered services and can provide stronger legal tools for enforcement.
Registration can also make it easier to communicate ownership of a brand to customers, business partners, and potential licensees.
However, registration does not mean that you own a word or phrase in every context. Trademark rights are tied to the goods or services associated with the mark.
How Long Does a Service Mark Last?
A federal trademark registration can continue indefinitely as long as the owner continues to meet the required use and maintenance requirements.
The mark is not protected forever simply because it was registered once. The owner must maintain the registration and submit required filings during the registration’s life.
For a broader explanation of trademark duration, see how long does a trademark last?.
Can a Service Mark Also Be a Trademark?
Yes. The same brand can function as a trademark for goods and a service mark for services.
For example, a restaurant might use one brand for:
- Packaged food products
- Restaurant services
- Catering services
- Online ordering services
The applicable protection depends on how the mark is used and which goods or services are identified in the application.
Service Mark vs Trademark: Simple Example
Consider a company called GreenLine.
If GreenLine sells branded cleaning products, its name may function as a trademark for goods.
If GreenLine provides professional cleaning services under the same name, the name may function as a service mark for services.
The brand is the same, but the legal classification depends on what the mark identifies.
This distinction is useful when planning your trademark portfolio because a business may need protection for more than one category.
How to Choose the Right Service Mark Class
Start by listing every service your business provides.
Then ask:
- What exactly does the customer pay us to do?
- Is the mark identifying a service or a physical product?
- What international class covers that activity?
- Does the USPTO ID Manual contain an acceptable identification?
- Are there additional services that need separate classes?
- Are similar marks already registered or pending?
Do not select a class simply because another company in your industry uses it. Your classification should be based on your own goods and services.
Frequently Asked Questions
What is an example of a service mark?
A restaurant brand used to identify restaurant services is a simple example of a service mark. Other examples include names and logos used for banking, transportation, hotel, consulting, legal, and advertising services.
Is McDonald’s a service mark?
Yes. McDonald’s uses trademarks and service marks to protect its brand in connection with different goods and services. Its brand can function as a service mark when used to identify restaurant and related services.
What is a service mark vs. trademark?
A trademark generally identifies the source of goods, while a service mark identifies the source of services. For example, a brand on packaged products can be a trademark, while the same brand used to identify restaurant services can function as a service mark.
Is Class 35 a good or service?
International Class 35 is a service class. It covers services such as advertising, business management, business administration, and certain retail and commercial services. Physical products themselves are generally classified in Classes 1–34.
Do I need a trademark or service mark?
It depends on what your business offers. If you sell goods, you generally need trademark protection for those goods. If you provide services, your brand may function as a service mark. A business that sells products and provides services may need protection covering both.
Final Thoughts
So, what is an example of a service mark? A restaurant name, bank brand, consulting company name, airline logo, or cleaning company brand can all be examples when the mark identifies the source of the services being provided.
The key difference in service mark vs trademark is what the mark identifies. Trademarks are generally associated with goods, while service marks identify services. Both serve the same basic purpose: helping consumers recognize the source of what they are buying.
Before filing, conduct a proper search, identify your services accurately, select the appropriate class, and make sure your specimen demonstrates real use when required.
