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Service Mark

A service mark is a brand name or logo that identifies the provider of a service. A service mark may consist of a word, phrase, symbol, design, or some combination of these elements. A form of intellectual property protection, the mark prevents competing businesses from using names and insignias that could potentially confuse consumers.

KEY TAKEAWAYS


  • Service marks are brand names or logos that identify a service provider; they can consist of a word, symbol, or design.
  • Service marks are a form of intellectual property and are considered an intangible asset that is provided for the benefit of another.
  • A service mark can carry the standard registered symbol ® if federally registered, while ℠ is used prior to registration.
  • Service marks help prevent the theft of intellectual property under the law and can award the owner of the mark with monetary damages if their mark has been infringed upon.
  • A trademark identifies the source of goods, while a service mark designates the provider of a service; however, "trademark" is commonly used to describe both forms of intellectual property.
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