What is Service Mark Registration and When is it Needed?
A service mark is a word, symbol, or name that brands use to distinguish their services in the market from competitors.
Service marks give companies protection against unlawful and unauthorized use of them, such as if a competing company tries to use the same mark for their services.
Service mark registration is the formal process of registering the mark with a government authority, giving the brand owner exclusive rights to use it for their business needs.
Read the rest of this article to explore various aspects of service mark registration, such as:
- If a service mark is considered a trademark
- How to register a service mark
- What to expect after service mark approval
- The costs of a service mark registration
- How a lawyer can help you with registering your service mark
- Where to find a lawyer for help with service mark registration
Is a Service Mark a Trademark?
While a trademark is used to identify a company’s tangible goods, a service mark is a type of trademark that identifies a company’s services instead. These services are delivered from one party to another. If a company is providing both goods and services, they can register for a service mark and a trademark.
How Do You Register a Service Mark?
Before you can register a service mark, you should conduct a service mark search. This entails finding any similar service marks that are already being used, and which can confuse your consumers.
To do this, go to the United States Patent and Trademark Office (USPTO) website and search for similar service marks. You can also hire a professional, such as an attorney, to conduct a comprehensive trademark search.
Once you have cleared your service mark, you should follow these registration tips:
File a Service Mark Application
You will need to include important information when submitting an application, such as your personal details as well as:
- The type of service mark you are registering. This can be a standard character mark (letters or words) or a special character format (this protects your service mark down to the identical style and color you want).
- The type of services you are providing. This describes what services your service mark is going to be used for.
- A picture of your service mark. This should be an image of what your mark looks like.
- A specimen of your service mark. This displays how you’re using the service mark. An example of a valid specimen would be a brochure that contains your clear service mark on it.
Submit your application to the USPTO by setting up an account on the website. You’ll have to verify your identity.
Get Approval
After sending your service mark registration application, you’ll have to wait for approval. This can take a few months.
An examining attorney at the USPTO will have to review your application and they will get in touch if there are any issues with your application. If so, they’ll send you an office action, or letter, containing details about the issues they’ve identified.
What Happens After Service Mark Approval?
Once your service mark has been approved by the USPTO, they’ll let you know and publish it in their trade magazine so that any other company can challenge or dispute your approval. After 30 days, you will receive certification that enables you to safely and legally use the registration symbol ® with your service mark.
How Much Does a Service Mark Cost?
When you apply for a service mark, it usually costs approximately $350. You will also have to pay a similar amount to renew your mark, which typically occurs after five years.
If you don’t make a point to use your service mark, it can be cancelled. This would require you to have to reapply to register your service mark, causing you to have to pay the fees again.
How Does a Lawyer Help You with a Service Mark Registration?
Although you don’t always need to hire a lawyer for service mark registration, they can help you to make the process easier and smoother. Here are some ways in which they can assist you.
- Your lawyer will check that your mark can be registered. They can advise if your service mark is too generic or already in use to prevent complications.
- They’ll conduct service mark clearance searches. They know how to conduct full-scale searches to prevent potential infringements.
- They’ll test the strength of your service mark. They’ll explain if your service mark is challenging to protect or legally enforceable.
- They’ll help you choose the right service mark classification. By avoiding poor or vague wording, this increases your chance of approval.
- They can prepare and file your application for registration. This prevents any filing mistakes that can lead to a rejection.
- They can respond to office actions during the service mark application review.
- They’ll manage any disputes. If someone tries to challenge the application, they can help you deal with it.
- They’ll reduce the risk of service mark infringement. This can help you save money and time for litigation.
Where to Find a Lawyer for a Service Mark Registration
If you need to find a trademark lawyer to help you with a service mark registration, you might not know where to start your search. Cold-calling traditional lawsuits can be time consuming. Using an online legal platform can be more convenient.
ContractsCounsel is one of the largest online legal marketplaces that connects clients with qualified lawyers who have been vetted on the platform. You can search for the best one for your service mark registration by reviewing the lawyers’ profiles.
The platform provides information about lawyers, such as their credentials, experience, previous projects they’ve completed, and client ratings. This transparency makes finding the right lawyer for your service mark queries and legal guidance a stress-free experience.
