Service Mark Symbol ℠

In the US and several other nations, a service mark or servicemark is a trademark that is used to designate a service as opposed to a product.

The standard registration symbol ® or "Reg U.S. Pat & TM Off" may be used when a service mark is federally registered (the same symbol is used to mark registered trademarks). It is customary (and has some legal standing) to use the service mark symbol SM prior to registration (a superscript SM).

Since there is typically no "package" to place the mark on, as is the case for trademarks, a service mark differs from a trademark in that the mark is used on the advertising of the service rather than on the packaging or delivery of the service. For instance, a private carrier may spray-paint its service mark on its aircraft or buses. On delivery vehicles, such as plumbers' trucks or moving vans, personal service providers may place their service marks. However, if the service involves communications, a sound-based service mark (also known as a sound trademark) may be used during service delivery. This has been done by AT&T, which identifies its long-distance service by using a tone sound and a woman speaking the company's name; MGM, which uses the sound of a lion howling; and RKO Pictures, which used a Morse code signal for their motion pictures.

To complete registration and prevent competitor infringement, service marks must meet a different standard of use under US law in order to be considered to have been used in commerce. Typically, a trademark must be displayed on or closely related to the sale of goods, such as on a store display. Use of a service mark on the uniforms, vehicles, or advertisements of service providers is accepted as a use in commerce since services are not defined by a specific product. However, in order to qualify as a service mark, just like trademarks, they must pass a distinctiveness test. For instance, Thrifty, Inc. attempted to submit a service mark application that claimed that certain elements of their company (uniforms, structures, and some vehicles) were "blue." The application was denied because it lacked sufficient specificity, and the denial was upheld on appeal.