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What is a service mark?

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What is a service mark?

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A service mark is the same as a trademark, except that a service mark is used by a person or entity to identify services rendered or offered and to distinguish them from the services rendered or offered by another person. The services must be provided to the public or any party other than the applicant. If services are sold or offered, think “service mark.” (O.C.G.A. 10-1-440) Examples of service marks are: McDonald’s (restaurant services), Wal-Mart (retail business services) and AT&T (telecommunications services).

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A service mark is the same as a trademark, except that a service mark is used by a person or entity to identify services rendered or offered and to distinguish them from the services rendered or offered by another person. The services must be provided to the public or any party other than the applicant. If services are sold or offered, think “service mark.” (O.C.G.A. 10-1-440) Examples of service marks are: McDonald’s (restaurant services), Wal-Mart (retail business services) and AT&T (telecommunications services.

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A service mark is a mark used to sell or advertise services and to distinguish the services of one service provider from another.

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Legally, a Service Mark is a Trademark, however, Service Marks relate to services, while Trademarks can relate to either goods or services.

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A service mark, like a trademark, is a type of mark which indicates the source or origin of services (as opposed to goods). For all practical purposes, trademarks and service marks are governed by identical rules of validity, use, legal protection, and infringement. A service mark is quite similar to a trademark, except that it is used to distinguish services in the stream of commerce, rather than being used to identify a product. Like a trademark, a service mark can include words, names, symbols and logos.

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