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Legal Definitions - servicemark
Definition of servicemark
A servicemark (often abbreviated as SM) is a distinctive word, phrase, logo, or design that identifies and distinguishes the services provided by one company from those provided by others. Unlike a trademark, which protects the branding of physical goods, a servicemark specifically protects the branding associated with intangible services. Its purpose is to help consumers recognize the source of a particular service and prevent other businesses from using similar marks that could cause confusion.
Here are some examples to illustrate what a servicemark is:
Example 1: The distinctive purple logo and the specific "ding" sound used by a popular ride-sharing application when a driver accepts a trip.
Explanation: This logo and sound are not attached to a physical product sold to consumers. Instead, they identify and distinguish the transportation services provided by that company. When customers see the logo or hear the sound, they immediately associate it with that specific ride-sharing service, making it a servicemark.
Example 2: The unique, short musical jingle and animated logo that plays at the beginning of content on a major online video streaming platform.
Explanation: This audio-visual sequence serves to identify the entertainment streaming services offered by that particular platform. It doesn't brand a physical product like a DVD, but rather the service of providing on-demand video content, thus functioning as a servicemark.
Example 3: The specific name, font, and color scheme used by a national chain of dry cleaning and laundry services.
Explanation: These branding elements distinguish the garment care services provided by this particular chain from other dry cleaners. The servicemark helps customers identify the consistent quality and specific offerings of that service provider across different locations, even though the service itself is intangible.
Simple Definition
A servicemark is a name, phrase, or other device used to identify and distinguish the services offered by a particular provider. It functions to protect intangible services, much like a trademark protects tangible goods. This allows consumers to recognize and differentiate the source of services.