Your business model may be more set up to provide your customers with intangible services rather than offering them tangible products. And so, you may be more interested in a service mark, i.e., a brand name or logo, that identifies your business as the provider of these distinguishable services. In other words, a trademark may be a word, phrase, symbol, design, etc. that identifies the source of products, while a service mark recognizes the service provider. Though a trademark is casually used to reference both marks. Without further introduction, please continue reading to learn whether you should get one for your business and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can help you officially register.
Do I need to get a service mark for my business?
You must reflect on your business’s purpose, goals, and overall nature to determine whether a service mark is the most suitable and valuable option. Without further ado, this type of mark may make sense if your business closely relates to any of the following models:
- Your business provides transportation services to customers traveling to and from vacation destinations.
- Your business provides lodging services to customers requiring a temporary stay for travel purposes.
- Your business provides food and beverages to customers looking to dine and have prepared meals.
- Your business provides housekeeping services to customers wanting to upkeep their residences.
- Your business provides financial services to customers looking to invest their assets wisely.
That said, getting a service mark for your business might protect you from competitors stealing your idea and service model. This may especially save you from vulnerability if you anticipate your business growing geographically and internationally in the foreseeable future. If nothing else, it helps your customers attribute certain services to your brand, allowing them to return for additional uses without hesitation.
Can I get federal registration for a service mark?
You may only opt for a common law service mark (which is simply indicated by the common superscript SM) if you have a small business that operates exclusively locally in a limited geographic area. Also, if you strongly believe your services are unique enough that they will hardly get confused by those of any other competitor. Lastly, if you are still in the early phases of your start-up business and you wish to wait to identify your purpose, goals, and overall identity better.
Otherwise, you should file an Application for Federal Registration of a Service Mark with the United States Patent and Trademark Office (USPTO). Importantly, only when you officially register your mark will you be granted the powerful protections mentioned above. This is to the extent of exercising your legal right to file a service mark infringement claim against a negligent competitor.
In conclusion, you should retain legal representation before you even get close to submitting your service mark application. So please, contact a skilled Essex County, New Jersey intellectual property lawyer from The Ingber Law Firm today.