Service Mark - A mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others. Trade Name - A word, name, symbol, or device, or any combination thereof used by a person to identify his business, vocation, or occupation, and distinguish it from the business, vocation, or occupation of others. California statute does not provide for the filing of trade names or fictitious business names at the state level. A trade name or fictitious business name should be filed with the clerk of the county in which the company is doing business. A specimen demonstrates how the mark is being presented to the public.
Specimens can be in a wide variety of forms.
For a trademark , the specimen can be a label of the product sold or a photograph of the mark on the product itself, if the product is too big or bulky to send through the mail. For a service mark , the specimen can be a sample of how the services are being advertised. The specimen for a service mark must demonstrate the nature of the services rendered. The specimen must be something that could be handed to any average member of the public and that person would immediately know what services are being provided by the company using the mark. Photocopies, drawings, computer printouts, or camera ready layouts are not accepted as specimens.