Difference Between Trademark and Service Mark

Difference Between Trademark and Service Mark. What is a 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 other products or goods available in the market. A trademark helps build the business’s image and protect them from unauthorized use by third parties. Some examples of a trademark are – Nike, Bata, PepsiCo, etc.
What is a Service Mark and how does it differ from Trademark?
A service mark is a brand name or logo that identifies the provider of a service. A service mark just like a trademark may also consist of a word, phrase, symbol, design, or some combination of these elements. A service mark prevents competing businesses from using names and insignias that could potentially confuse consumers. A service mark is similar to a trademark, but a service mark is used to distinguish the services of one company from that of the another. A service mark can only be associated with services and not with goods or products. Generally service marks are in the form of slogans for example: a plumber can register a service mark ‘Leak Fixers’ for the plumbing service he provides, with or without a distinctive logo. Some well-known service mark are: American Express, United Airlines, Facebook, etc. Both 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 unauthorized manner.
Similarity Between Trademark and Service Mark
The main attributes of both the trademarks and service marks are the same. They both work to identify and protect the product or service of an individual or business 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. Moreover the registration procedure for both are similar. However a service mark is not defined separately under the Trade Marks Act, 1999. Thus in India, a trademark registration is granted to both goods and services and no such distinction between the two is made. A service mark used by service providers is covered under the trademark classes for services provided under the Act.
Advantages of a Service Mark
There are a multitude of benefits of a service mark which includes the protection of your intellectual property and preventing other businesses from stealing your idea or product. Service Mark identifies as an item that is not in the public domain and, therefore, subject to legal action if any aspect of the law pertaining to the mark is violated. If anyone does infringe on your idea, you are entitled to monetary damages. A service mark also allows a business to create a specific brand identity, which is important in relaying to customers what the brand is about and the quality they can expect. This allows a business to maintain repeat customers who identify with the mark, helping to grow the business. That is why registration of service marks with the help of expert trademark attorneys makes it convenient for brands to register their brand and maintain the reputation and goodwill. 
Real-World Examples 
One of the most famous service marks is Nike's phrase, "Just Do It." Almost everyone in the world associates this phrase with Nike. Nike doesn't even have to include its famous swoosh logo on marketing material, which is itself another famous service mark; the phrase "Just Do It" is enough to identify the marketing material with Nike. Another extremely famous service mark is the golden arches of McDonald's. The golden arches are identifiable all across the globe. Individuals don't even need to see the company name, "McDonald's" when they see the golden arches they know what the establishment is, the quality of the food, and what kind of service to expect.
One service mark or trademark infringement case deals with the famous logo of American multinational company, 3M. 3M's famous logo was emulated by Chinese company Changzhou Huawei Advanced Material Co Ltd, 3N, which clearly had a similar name and created the exact same logo. Though the two companies did have differences in products and pricing, 3N was able to capture market share using a similar service mark. 3M won the case in China's courts and received Rmb 3.5 million in damages from 3N.
Things to keep in mind while applying for a Trademark or Service mark:

All capital letters should be used when submitting a trademark or service mark that solely comprises characters. Both capital and lowercase letters are covered by the legal protection.

If your trademark or service mark includes a design, logo, or symbol, you must submit it exactly as you intend to use it. You must reapply for a new trademark or service mark if you update the mark.

You might wish to think about submitting many applications simultaneously. When you submit a color design, just that specific layout is legally protected. So be sure to submit new applications for each choice if you ever want to utilize the design in a different color or in black and white.

What Might Take Place If You Don’t Use a Trademark or Service Mark?

You run the risk of violating someone else’s trademark if you don’t register your trademark or service mark. You have no legal rights to your mark if it is not registered. Additionally, it becomes almost hard for someone else to discover that you have been using the mark in accordance with your common law trademark rights.

You forfeit your right to do so if the other party decides to apply for a service mark or trademark with a similar or identical mark. It might be quite challenging to demonstrate that you have been using a mark longer than the other party. When the authorities examine the application’s filing date, which serves as the foundation for all legal rights to the mark, things get even more complicated.

Additionally, knowing the distinctions between service marks and trademarks can help you submit the proper application. Some businesses fit both the service mark and trademark definitions. A transportation firm like UPS serves as an illustration of this because it provides both products and services. In their stores, you may buy things like boxes and packaging supplies. TM and SM symbols may be added by the corporation to trademarks for products and services, respectively.

Common Mistakes while applying for Trademark or Service Mark

Identification: One error is failing to recognize which trademark best safeguards your business and its products or services. It is preferable to file for a service mark for services and a trademark for goods and products, even though doing so could not significantly influence the legal protection.

Trademark check: Delaying the registration of a trademark or service mark is also dangerous, especially if you are already using the mark for commercial purposes. You are entitled to trademark rights, but you will lose such rights if someone else registers a trademark for a comparable phrase or product before you do. The likelihood of losing the possibility to submit for a trademark in the future is decreased by filing as soon as possible to start the approval process.

Conclusion
For a symbol, logo, phrase, word, design, or name that symbolizes goods or products, a trademark. Similarly protection for services is provided by a service mark. You would need to trademark the mark that is used to represent the business if your firm offers a single item or a number of goods. Focus on the service mark if your business offers a service. Using TM and SM in your mark stands for trademark and service mark, respectively neither has any implication in terms of law. 
While the process might seem complicated, trademark experts can help make it easier. Do not hesitate to get in touch with us if you have any questions at info@ccoffice.in or connect at 9988424211. We have in-house team of industry veterans who have seen thousands of such cases of trademark objection and can also help you to protect your IP.

What is a 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 other products or goods available in the market. A trademark helps build the business’s image and protect them from unauthorized use by third parties. Some examples of a trademark are – Nike, Bata, PepsiCo, etc.

What is a Service Mark and how does it differ from Trademark?

A service mark is a brand name or logo that identifies the provider of a service. A service mark just like a trademark may also consist of a word, phrase, symbol, design, or some combination of these elements. A service mark prevents competing businesses from using names and insignias that could potentially confuse consumers. A service mark is similar to a trademark, but a service mark is used to distinguish the services of one company from that of the another. A service mark can only be associated with services and not with goods or products. Generally service marks are in the form of slogans for example: a plumber can register a service mark ‘Leak Fixers’ for the plumbing service he provides, with or without a distinctive logo. Some well-known service mark are: American Express, United Airlines, Facebook, etc. Both 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 unauthorized manner.

Similarity Between Trademark and Service Mark

The main attributes of both the trademarks and service marks are the same. They both work to identify and protect the product or service of an individual or business 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. Moreover the registration procedure for both are similar. However a service mark is not defined separately under the Trade Marks Act, 1999. Thus in India, a trademark registration is granted to both goods and services and no such distinction between the two is made. A service mark used by service providers is covered under the trademark classes for services provided under the Act.

Advantages of a Service Mark

There are a multitude of benefits of a service mark which includes the protection of your intellectual property and preventing other businesses from stealing your idea or product. Service Mark identifies as an item that is not in the public domain and, therefore, subject to legal action if any aspect of the law pertaining to the mark is violated. If anyone does infringe on your idea, you are entitled to monetary damages. A service mark also allows a business to create a specific brand identity, which is important in relaying to customers what the brand is about and the quality they can expect. This allows a business to maintain repeat customers who identify with the mark, helping to grow the business. That is why registration of service marks with the help of expert trademark attorneys makes it convenient for brands to register their brand and maintain the reputation and goodwill.

Real-World Examples

One of the most famous service marks is Nike's phrase, "Just Do It." Almost everyone in the world associates this phrase with Nike. Nike doesn't even have to include its famous swoosh logo on marketing material, which is itself another famous service mark; the phrase "Just Do It" is enough to identify the marketing material with Nike. Another extremely famous service mark is the golden arches of McDonald's. The golden arches are identifiable all across the globe. Individuals don't even need to see the company name, "McDonald's" when they see the golden arches they know what the establishment is, the quality of the food, and what kind of service to expect.

One service mark or trademark infringement case deals with the famous logo of American multinational company, 3M. 3M's famous logo was emulated by Chinese company Changzhou Huawei Advanced Material Co Ltd, 3N, which clearly had a similar name and created the exact same logo. Though the two companies did have differences in products and pricing, 3N was able to capture market share using a similar service mark. 3M won the case in China's courts and received Rmb 3.5 million in damages from 3N.

Things to keep in mind while applying for a Trademark or Service mark:

All capital letters should be used when submitting a trademark or service mark that solely comprises characters. Both capital and lowercase letters are covered by the legal protection.
If your trademark or service mark includes a design, logo, or symbol, you must submit it exactly as you intend to use it. You must reapply for a new trademark or service mark if you update the mark.
You might wish to think about submitting many applications simultaneously. When you submit a color design, just that specific layout is legally protected. So be sure to submit new applications for each choice if you ever want to utilize the design in a different color or in black and white.

What Might Take Place If You Don’t Use a Trademark or Service Mark?

You run the risk of violating someone else’s trademark if you don’t register your trademark or service mark. You have no legal rights to your mark if it is not registered. Additionally, it becomes almost hard for someone else to discover that you have been using the mark in accordance with your common law trademark rights.
You forfeit your right to do so if the other party decides to apply for a service mark or trademark with a similar or identical mark. It might be quite challenging to demonstrate that you have been using a mark longer than the other party. When the authorities examine the application’s filing date, which serves as the foundation for all legal rights to the mark, things get even more complicated.
Additionally, knowing the distinctions between service marks and trademarks can help you submit the proper application. Some businesses fit both the service mark and trademark definitions. A transportation firm like UPS serves as an illustration of this because it provides both products and services. In their stores, you may buy things like boxes and packaging supplies. TM and SM symbols may be added by the corporation to trademarks for products and services, respectively.

Common Mistakes while applying for Trademark or Service Mark

Identification: One error is failing to recognize which trademark best safeguards your business and its products or services. It is preferable to file for a service mark for services and a trademark for goods and products, even though doing so could not significantly influence the legal protection.
Trademark check: Delaying the registration of a trademark or service mark is also dangerous, especially if you are already using the mark for commercial purposes. You are entitled to trademark rights, but you will lose such rights if someone else registers a trademark for a comparable phrase or product before you do. The likelihood of losing the possibility to submit for a trademark in the future is decreased by filing as soon as possible to start the approval process.

Conclusion

For a symbol, logo, phrase, word, design, or name that symbolizes goods or products, a trademark. Similarly protection for services is provided by a service mark. You would need to trademark the mark that is used to represent the business if your firm offers a single item or a number of goods. Focus on the service mark if your business offers a service. Using TM and SM in your mark stands for trademark and service mark, respectively neither has any implication in terms of law.

While the process might seem complicated, trademark experts can help make it easier. Do not hesitate to get in touch with us if you have any questions at info@ccoffice.in or connect at 9988424211. We have in-house team of industry veterans who have seen thousands of such cases of trademark objection and can also help you to protect your IP.