Re: SM, TM, (R) Questions

According to David A Lowe:
>
>Hi all,
>
> Please excuse me if this has been asked before. (I don't have easy
>access to the FAQ.)
>
> I just read Frank Foster's *Patents, Trademarks, and Copyrights*.
>Although it was interesting, it bypassed what I wanted to know: What is
>the difference between a service mark and a trademark, and when should
>you use "SM" instead of "TM"? I also got the impression that you use
>"(R)" instead of "TM" once the trademark is registered. Is that true,
>and if so does that also apply to service marks?
>
> You can email me directly if this question has been gone over before.
>
> Thanks in advance!

Under statutory law (federal, and most states that I know of), trademarks will protect any name, design, or device used by a party which distinguishes or identifies goods or services from those sold or manufactured by another. As you can expect, a service mark identifies the source or origin of *services* only, and does not apply to goods. Some examples include Amtrak (as a train service), McDonald's (as a restaurant service), and Merry Maids (as a cleaning service). As you can probably tell, the same "mark" can be used both as a trademark (MacDonald's golden arches, or the clown depiction) and as a service mark (restaurant service). Another example would be a the call letters of a local radio station as a radio service. Again, the mark could also apply to goods as a trademark, but when applied to a service, then the mark can serve as a service mark.

Finally, statutory law states that once a trademark is registered, a registrant my give notice that his mark is registered by displaying with the mark the words "Registered in the U.S. Patent and Trademark Office" or "Reg. U.S. Pat. & Tm. Off." or the letter R enclosed within a circle. 15 U.S.C. 1111.

I hope this helps. If not, please write direct: wildy[_at_]triton.unm.edu

Kevin Lynn Wildenstein
Intellectual Property Attorney
<wildy[_at_]triton.unm.edu> Received on Fri Apr 01 1994 - 04:16:21 GMT