What is a Service Mark?
Service Mark is a trademark that is used in connection with services.
Businesses or companies uses service mark to identify their services and distinguish them from other services provided by different companies of the same field. Service marks normally consist of letters, words, symbols, and other devices that helps inform customers about the origin of the particular service. Trademarks, by contrast, are used to distinguish different competing products instead of services. For example, Fed-Ex is a service mark of a company which provides delivery services. And its competitor, DHL, which is also another delivery company.
In the U.S, the service marks are regulated by the law of Unfair Competition. At the federal level, service mark infringement is governed by the LANHAM Trademark Act of 1946. At the state level, service mark infringement is governed by analogous Intellectual Property statutes.
In some states, the service mark infringement may give rise to a Cause of Action under the Common Law. This is because service marks are a particular type of trademark, the substantive and procedural rules governs both types if marks which are technically similar to each other.
Any examples of service marks that can be found in Malaysia? Please do feel free to comment in the comment box below. =)
Service Mark is a trademark that is used in connection with services.
Businesses or companies uses service mark to identify their services and distinguish them from other services provided by different companies of the same field. Service marks normally consist of letters, words, symbols, and other devices that helps inform customers about the origin of the particular service. Trademarks, by contrast, are used to distinguish different competing products instead of services. For example, Fed-Ex is a service mark of a company which provides delivery services. And its competitor, DHL, which is also another delivery company.
In the U.S, the service marks are regulated by the law of Unfair Competition. At the federal level, service mark infringement is governed by the LANHAM Trademark Act of 1946. At the state level, service mark infringement is governed by analogous Intellectual Property statutes.
In some states, the service mark infringement may give rise to a Cause of Action under the Common Law. This is because service marks are a particular type of trademark, the substantive and procedural rules governs both types if marks which are technically similar to each other.
Any examples of service marks that can be found in Malaysia? Please do feel free to comment in the comment box below. =)
Reference
The Gale Group, 2008, Service Mark, [Online], 3rd of October 2011,
URL : http://legal-dictionary.thefreedictionary.com/Service+Mark
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