Claims must be novel and unobvious in nature. When considering a patent, the examiner of the United States Patent and Trademark Office will analyze the claims. The life span of a design patent is 14 years from the date of issue.
Service mark is any word, symbol, design, or combination used in connection with a service.
The ownership of service marks is established by advertising the mark with the service. The trademark, unlike a patent, is established without any formal governmental procedure. Ownership of a trademark is acquired by being the first to use the trademark on the goods in commerce. The registration of a trademark may be obtained at the state and federal level. To qualify for federal registration, the trademark must be used in interstate or foreign commerce.