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service mark

A service mark is a mark used to distinguish the services provided by one person or company from services provided by others.  The term "service" applies only to services rendered to others; it does not apply to services that are solely for the benefit of the performer.   

A service mark is a type of trademark protected and regulated under the Lanham Act . Service marks serve the same purposes as trademarks , but they are specifically used to identify services rather than goods. See 15 U.S.C. § 1127 .  

The Lanham Act provides that "titles, character names, and other distinctive features of radio and television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor."  The same mark may be registered as both a trademark and a service mark unless the services rendered are too closely related, e.g., expected or routine, in connection with the sale of trademarked goods. See In re Dr. Pepper Co., 836 F.2d 508 (Fed. Cir. 1987) .

[Last reviewed in June of 2024 by the Wex Definitions Team
]

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• wex definitions

• trademark law

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