What's the difference between a trademark and a service mark?

The essential function of a trademark is to exclusively identify the commercial source or origin of products or services. A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to the exclusive use of the mark in relation to the products or services. The owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services which are identical or "colorfully" similar to the "registered" products or services, and in certain cases, prevent use in relation to entirely dissimilar products or services. A trademark will protect goods and a service mark will protect services. There are 34 different classes for protecting goods and 11 different classes for protecting services, and a federal trademark application must designate the goods or services for the mark. There are common law trademark rights, and the owner places a TM after the mark. Once the owner has been granted rights but the U.S. Trademark Office, the owner places a circled R after the mark. We hope that this helps.

A trademark indicates the origin of a good, such as shoes, while a service mark indicates the origin of a service, such as a tax return preparer. The word "trademark" is often used to mean both kinds of marks. The circle R indicates that the mark has been registered with the U.S. Patent and Trademark Office (or possibly a state trademark office). The letters "TM" indicate that the mark is being used as a trademark although it hasn't been registered as one.

The circle R symbol is used with either a trademark or a service mark - after the mark has been registered with the United States Patent and Trademark Office (USPTO). Use before registration is not proper. Instead, the symbol TM or SM should be use. Trademarks protect the brand name of goods. Think Ford automobiles & trucks. The trademark identifies the source of the goods. Service marks protect the brand name of services.