Valuable Intellectual Property Assets By Eric S. Freibrun, Esq.
Service marks are essentially the same as trademarks.
They differ in that they identify and distinguish the source of a service rather than a product or goods. Service marks usually appear in advertising for the service, while trademarks usually appear on a product or its packaging. Trademark rights arise automatically as a result of using a mark in commerce. Registration is not necessary. However, without obtaining federal registration of the mark, the owner s rights are limited to the geographic area in which the mark has actually been used.