Difference Between Trademark and Service Mark

Many businesses have a unique identification mark, brand or logo that makes their business stand out for advertising and general business purposes. This identification mark are known as a trademark or a service mark. 

A trademark and service mark are kinds of intellectual property. They assert the proprietor’s ownership on the logos, marks or slogans and determine the source of origin of the thing they are associated with. They also protect the proprietors as they restrict others to use them in an unauthorised manner.

Trademark

A trademark is a brand or logo containing words, numbers, devices, symbols or a combination of words, numbers, devices and symbols. They help identify and distinguish a commercial product from the other products or goods available in the market.

A trademark helps build the business’s image and protect them from unauthorised use by third parties. Thus, third parties cannot copy a registered trademark that has demand in the market for their own goods or products. Some examples of a trademark are – Nike, Bata, Pepsico, etc.

Service Mark

A service mark is similar to a trademark, but a service mark is used to distinguish the services of one company from another provider. It can be associated only with services and not goods or products. It is often slogans for a service provided by a company. 

For example, a plumber can register a service mark ‘Leak Fixers’ for the plumbing service he provides, with or without a distinctive logo. When the service mark is registered, others cannot use the same service mark for their services. Some well-known service mark are – American Express, United Airlines, Facebook, etc.

Similarity Between Trademark and Service Mark

The main intention of both the trademark and service mark is the same. They both work to identify and protect the product or service of an individual or business in the market. They help to make the product or service they are associated with unique from other products or services offered by the competitors available in the market.

Both registered trademark and service mark are used as intellectual property, and other persons will not be able to use these without the permission of their owners. The trademark or service mark associated with a product or service, respectively, must be unique for it to be registered.

The trademark and service mark has the same registration procedure. A service mark is not separately defined under the Trademarks Act, 1999 (‘Act’). Thus in India, a trademark is granted to both goods and services under the Act. A service mark used by service providers is covered under the trademark classes for services provided under the Act and are granted trademark registration.

Trademark and Service Mark Differences

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