Service Marks vs. Trademarks
A service mark is very similar to a trademark. The principal difference is that while a trademark is attached to physical goods, a service mark is attached to materials advertising a service or associated with delivering a service. Here are some examples of trademarks and service marks to illustrate:
- “Radio Flyer” and its child-in-a-wagon logo is a trademark of Radio Flyer Inc. appearing on its red wagons and other toys.
- “We’ll leave the light on for you” is a registered service mark used by Motel 6 in radio, television and print advertising.
- “Chiquita Bananas” and the woman with a basket of fruit on her head are trademarks of Chiquita Brands International affixed to boxes or bunches of bananas.
- “Think outside the bun” is registered as both a trademark and a service mark of Taco Bell Corp. appearing in its radio, television and print advertising materials as well as on food wrappers and containers.
Other Differences Between Trademarks and Service Marks
The requirements for registering a service mark are nearly identical to those for registering a trademark. In fact, the word trademark is frequently used generically to discuss marks attached to either goods or services because there are only two minor distinctions between the two types of marks.
Classifications
When trademarks and service marks are registered, they have to be registered in defined classifications according to the specific type of product or the service they’re attached to. For a trademark, some state registration systems may offer 30 to 40 product classifications to choose from. For a service mark, the state systems may have only 8 to 10 service classifications. The federal registration, on the other hand, groups all the classifications together in a single “goods and services” category, effectively making no distinction between a trademark or service mark. In essence, they are all treated as trademarks.
Rights Claims
Those who use an identifying mark for their product or service typically stake a claim to that mark by using the TM symbol for a trademark or an SM symbol for a service mark. These symbols have no legal standing except in common law. When either a trademark or service mark is officially registered with the U.S. Patent and Trademark Office, the mark owner is permitted to include the ® symbol to indicate their mark has been registered.
In all other respects, service marks and trademarks are identical, and the term “trademark” may refer to either.
First Trademarks
Symbols found on bricks, pottery and tiles dating back from 5000 to 3000 BC seem to be the marks of artisans identifying their work in such a way as to proclaim its quality. This tradition of branding with recognizable marks and symbols continued through the centuries, relying more on symbols than words in less literate societies. The practice was adopted by goldsmiths, merchants, bakers, printers and eventually almost everyone involved in commerce. Until the late 1800’s, there were few laws specifically governing trademarks, and misuse of someone else’s mark was generally resolved according to common law.
In 1870, the U.S passed the first law permitting trademark registration. Averill Paint Company was the first to register its mark: an eagle carrying a pot of paint in its beak. In 1875, Great Britain passed its trademark registration laws, and Bass Ale was the first to register its trademark: a red triangle.
First Service Mark
The National Broadcasting Company (NBC) has the distinction of not only registering the first service mark in the U.S., but also registering the first audio mark – the famous “three chimes.” NBC created the three-note sequence in the 1930’s as an elegant and unique way to signal a station identification break to its radio network affiliates. It wasn’t until 1947 that NBC applied for registration of the chimes as a trademark for radio broadcasting services. The registration was not approved until three years later, however, which may suggest the controversy involved in the first use of a trademark for a service and using a sound for a trademark.
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