Your service mark, is treated similarly to a trademark, and has the same properties as a common law marriage.
First of all what IS a “service mark?” Well, a Trademark applies to good or products (such as a car or a washing machine) while a Service Mark refers to services (like coaching, transportation and storage, or legal work).
According to Smith & Hopen, Intellectual Property Lawyers, “A service mark is any word, name, symbol, device or combination, used ... to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.”
The law treats a service mark similarly to a trademark. An example of a service mark is Prudential Insurance Co.’s “Rock of Gibraltar.”
NOW HAVE YOU REGISTERED IT?
The most amazing thing is that according to law, the exclusive rights to use service marks (common law service mark) are created and exist as a result of USING the mark on services, not by REGISTERING the mark. (Source: Schwartz, Manes & Ruby).
If you wish to file it with the Commissioner of Patents and Trademarks, the application fee is $245 per mark-per class, but the other costs and attorney fees can run you $1500-$2000 if all goes well, and chances are it won’t.
Whatever you do, keep using it. “No one ever owns a mark,” say Schwartz at al. If a mark is ever abandoned, so is the exclusive right to use the mark. I’m sure there’s a legal definition for “abandoned.”
THE BENEFITS OF FEDERAL REGISTRATION
Provides nationwide notice of exclusive ownership which prevents others from acquiring common low rights through innocent adoption and use Creates legal presumption in court of your right to exclusive use Opportunity to make it unchallengeable by keeping it in use for 5 years from date of registration. To learn more about this process, you can go here.
About the Author
Susan Dunn, The EQ Coach, GLOBAL EQ. Emotional intelligence coaching to enhance all areas of your life - career, relationships, midlife transition, resilience, self-esteem, parenting. EQ Alive! - excellent, accelerated, affordable EQ coach certification. Susan is the author of numerous ebooks, is widely published on the Internet, and a regular speaker for cruise lines. For marketing services go here.
Written by: Susan Dunn
