Service marks are like trademarks, except that they identify services. There is a hierarchy of protectability of trademarks and service marks. The strongest are coined or arbitrary marks which in no way suggest or describe the product. Next, and also protectable, are marks that merely suggest the product or service or suggest some characteristic or quality of the product or service. At the bottom of the list, and generally not protectable, are descriptive marks.
Generic terms can never become valid trademarks.
Rights in trademarks or service marks are acquired by using the mark in commerce on or in connection with the goods or services. Rights also may be established by filing an application for trademark registration in the U.S. Patent and Trademark Office based on a bona fide intention to use a mark at a later date. It is not necessary to register a trade or service mark. It can be protected under state and federal laws without registration. However, it is beneficial to register the mark, either with the Oregon Secretary of State, or if interstate commerce is involved, the U.S. Patent and Trademark Office.