The Difference Between Trademarks and Service Marks

Do you want to register a trademark for your products but don’t know whether to use a trademark or a service mark? You’re not alone. Trademarks and service marks are very similar and they are commonly confused (and misused). Both can be words, phrases, designs, or images,┬ábut they differ in the entities that they represent.

A trademark is meant to “distinguish the source of goods” between producers, such as Nike shoes versus Reebok shoes. Service marks work similarly, but instead of identifying a producer, they identify services; think AT&T mobile service versus Verizon.

Confusing matters is the fact that the term “trademark” itself is often used when referring to either trademarks or service marks.

Wellborn, Wallace & Woodard is happy to help you with all your Intellectual Property needs, so feel free to contact us at any time.

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