A service mark is legally similar to a trademark. While a trademark is used for a product, a service mark is used for a service. They serve a different function, but registration of both are handled through the United States Patent and Trademark Office. While service marks are less well known than trademarks in the general population, registering for one is no more difficult than the other.
As legally intimidating as trademark law can seem, the service mark application process is a straightforward one that can be completed in about an hour. However, this does not mean that the process is necessarily easy, and it requires a great attention to detail.
Instructions
1. Go to the service mark application page, at the United States Patent and Trademark Office website (see Resources).
2. Determine whether to apply using the TEAS (Trademark Electronic Application System) form, or the TEAS Plus form. The TEAS Plus form has an application fee of $275, while the TEAS form is $325. While applying with the TEAS Plus form is cheaper, it has stricter application requirements. One of the biggest differences is that TEAS Plus applicants must meet all requirements under rule 2.22(a), while the normal TEAS form requires only five completed requirements. A link to the rule 2.22(a) application requirements can be found in the Resources section. If you do not meet the TEAS Plus form's stricter requirements, you must apply using the TEAS form.
3. Select either the TEAS or TEAS Plus form and click the "Continue" button.
4. Indicate whether an attorney is filing the service mark application by selecting "Yes" or "No" at the bottom of the page. This will create a custom application form depending on your needs. Click the "Continue" button.
5. Fill out your business information. This page includes basic location and contact information, the name of the service mark's owner (which may differ from the person filling out the application), and the type of entity the service mark is for (corporation, individual use, trust, etc). Click the "Continue" button at the bottom of the page once you have finished.
6. Complete the service mark application form. This will include attaching, in .JPG format, your service mark, along with any evidence, foreign registration certificates or consent information required. If you are registering a "sound mark," which is an audio-based service mark, attach as either a .WAV or an MP3.
7. Click the "Validate" button at the end of the service mark application. This will bring you to the Validation page. Double-check your application information to make sure it is accurate.
8. Click the "Pay/Submit" button on the Validation page. Select your method of payment, which may be with a credit card, an electronic funds transfer or through a deposit account. Enter and submit your payment information.
9. Write down the provided serial number on the confirmation page, which you will be brought to once you have submitted your payment information. This serial number can be used to check the status of your application through the Trademark Applications and Registrations Retrieval website, a link to which can be found in the Resources section.
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