Trademark or Service Mark?
Question by LadyRed4u727: Trademark or Service Mark?
My Husband and I are going into business and are going to start a production company as well as publishing company.
Now we have both been reading up on it and trying to find out everything we can about it before going into business. I was researching the name on both state and federal databases just to make sure the name wasnt taken but now im a little bit confused. I understand that Trademarks and Servicemarks are pretty much the same but im confused as to which we need. Do we need just one or do we need both? Any insight is greatly appreciated 😀
Keep in mind this would be a music production and publishing company
Thanks In Advance !
O Yea and we want the name on a federal level
Best answer:
Answer by TM Express™
Simply put, trademarks are for goods while service marks are for services. When discussing either, it is common to use the term “trademark”, even when discussing a service use, because the handling of either is interchangeable by both the USPTO and all 50 Secretary of State Offices.
The USPTO says that a “service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms ‘trademark’ and ‘mark’ are often used to refer to both trademarks and service marks.”
Technically, you’d be using the term “service mark” for your music production & publishing services.
Hope that helps! I wish you much success & happiness in all your ventures!
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