Trademark vs. Service Mark: What’s The Difference?
Confused about whether your brand needs a trademark or a service mark? You’re not alone! These terms are often used interchangeably, and the legal process for securing one is practically identical. But understanding the trademark vs. service mark difference isn’t just a matter of clarifying legal jargon; it can help you avoid costly filing mistakes, strengthen your brand’s foundation, and ensure your intellectual property strategy is aligned with what your business actually offers.
What’s the Difference Between a Trademark and a Service Mark?
In short, a trademark protects brand names, logos, slogans, or symbols used in connection with goods, AKA physical products you sell. A service mark, on the other hand, protects brand names, logos, slogans, or symbols used in connection with services.
To understand the difference, consider these examples:
If you sell handmade candles under the brand name CozyGlow, that name would be protected under a trademark, because you’re offering a physical good.
If you run a social media agency called Glow Social, the name would be covered by a service mark, since you’re providing a service.
Trademark vs. Service Mark: It Comes Down to Class
Both trademarks and service marks fall under the same body of law: the Lanham Act, which governs federal trademark protection in the U.S. The application process through the United States Patent and Trademark Office (USPTO) is virtually the same, regardless of whether you’re registering a mark for goods or services.
In fact, the USPTO refers to both as “trademarks” for simplicity, even when discussing service marks. But the distinction still matters, and it shows up in one very important place: trademark classes.
One of the most important decisions you’ll make when applying for a trademark or service mark is selecting the right class. This isn’t just legal jargon; it determines what kind of protection your mark actually receives.
The USPTO uses a classification system called the Nice Agreement, which breaks all goods and services into 45 different classes: 34 for goods and 11 for services. If you sell physical products, you’ll file under one or more of the goods classes. If you provide services, you’ll file under one or more of the services classes.
For example:
A skincare brand might file in Class 3 (cosmetics and cleaning products).
A business consultant would likely file in Class 35 (business consulting and management services).
Filing in the wrong class can result in rejection or worse, a registered trademark that doesn’t actually protect what you thought it did. That’s why working with a trademark attorney is so important; they help ensure your application is correct and complete, not just “done”.
Can You Have Both a Trademark and a Service Mark?
Absolutely. Many businesses do, especially those that offer both physical products and services.
Let’s say you own a fitness brand. You sell branded workout equipment (goods) and also offer online personal training sessions (services). You might file a trademark for your product line under Class 28 (sporting goods) and a service mark for your training services under Class 41 (education and training services).
Although you might use the same brand name across both, the protection for each part of your business lives in its respective class. This distinction becomes especially important if you ever need to enforce your rights against a copycat, because your claim will only be as strong as the class coverage you’ve established.
What Part of the Application Process is Impacted?
While the overall application process is similar, the nature of your mark (trademark vs. service mark) will impact two key parts:
Class selection: As mentioned above, this determines whether you’re protecting a product or service.
Specimen submission: This is where you show the USPTO how your mark is actually being used in commerce. For goods, this might be a photo of your product packaging. For services, it could be a screenshot of your website or a promotional flyer that clearly shows the mark in connection with the services offered.
Providing the right specimen for the right class is critical, and it’s one of the most common reasons applications get denied. Support from a trademark attorney ensures that you provide an optimal specimen submission that proves use in commerce and ultimately strengthens your application.
Trademarks, Service Marks, and the Strategy Behind Both
While the legal protections are similar, understanding the difference between a trademark vs. service mark is crucial for brand owners. It affects how you apply, where you’re protected, and how enforceable your rights really are.
Whether you’re selling a product, offering a service, or doing both, having clarity around intellectual property protection is one of the most important things you can do for your brand. And if you’re unsure what kind of mark you need, or how to file it correctly, you don’t have to figure it out alone!
At Mika Mooney Law, we help founders and brand owners navigate the ins and outs of trademark law with confidence and clarity. From classification to registration and beyond, we make sure your intellectual property is strategically protected from day one.
Click here to learn more about our brand protection services and book a free discovery call.
Disclaimer: This post is for legal education purposes only and should not be considered legal advice. No attorney-client relationship has been formed. To the extent this post constitutes attorney advertising, past results do not guarantee similar outcomes.
