When building a business, protecting your brand identity is essential. Two key legal tools for this protection are trademarks and service marks. While both serve to protect the uniqueness of your brand, they apply to different aspects of commerce. Understanding the distinction between the two can help you properly protect your intellectual property and avoid potential legal issues.
Trademarks (TM) are recognizable words, designs, logos, phrases, or symbols that identify and distinguish the goods of one company from others. It is essentially a brand identifier for physical products.
Examples of trademarks:
- The Nike swoosh logo
- The Coca-Cola script font
- The Apple logo
- The phrase “Just Do It” (slogan associated with Nike)
Trademarks can apply to:
- Business or product names: e.g., John Deere
- Logos and symbols: e.g., the McDonald’s golden arches
- Taglines or slogans: e.g., “I’m Lovin’ It”
- Product packaging: Unique shapes, colors, or styles that define a product (also known as trade dress)
A service mark (SM) is a type of trademark that specifically protects services rather than physical products. It identifies and distinguishes the source of a service provided by a business.
Examples of service marks:
- FedEx (shipping and delivery services)
- American Airlines (air transportation services)
- Merrill Lynch (financial services)
- Holiday Inn (hospitality services)
Like trademarks, service marks can protect:
- Business names offering services (e.g., H&R Block for tax preparation services)
- Slogans promoting services (e.g., “What’s in Your Wallet?” for Capital One)
- Logos of service providers (e.g., the GEICO gecko)
While trademarks and service marks are similar in their goal of protecting brand identity, the key difference lies in their application—trademarks cover products, while service marks protect services. Regardless of whether you sell goods or offer services, protecting your intellectual property is crucial for your brand’s long-term success. Whether you are a startup or an established company, securing a trademark or service mark is a valuable investment in your business’s future. Call Rincker Law today at (217) 774-1373 for experienced assistance in registering your trademark!