What is the difference between a service mark and a trademark?

I saw the words “… is a service mark of …” what is the difference between a “service mark” and a “trademark?”

A “service mark” is a type of “trademark.
I will explain what kind of trademark is called a “service mark.

In this article, I will explain what kind of “service mark” is a type of trademark.

*A “healthcare-related service mark” is a mark attached to healthcare-related services that meet the certification criteria, and is different from the “service mark” explained in this article.
Reference: About the Healthcare-Related Service Mark System | Association for the Promotion of Healthcare-Related Services

What is a Service Mark?

A service mark is a trademark that is used for services. It is also called a “service mark”.
The opposite concept is the “Product Trademark”.

So a service mark is different from a trademark, or rather a sub-concept of a trademark.
But why do you bother calling it a trademark?

Why did you separate service marks (service trademarks) from product trademarks?

In the past, a trademark was considered to be something that could be traded, i.e., something used for goods.
Since a service itself could not be marked with a trademark, a trademark used for a service was considered to be different from a trademark used for goods.

There is also the SM mark℠ corresponding to TM as a symbol for a service mark.
The usage of the SM mark is the same as that of the TM mark, only that it is used for services.

Protection of service marks before they became available for filing

In the past, service marks (service marks) could not be registered in Japan.

The Paris Convention on Industrial Property has provisions on how to protect service marks.

Article 6 sexies
Marks: Service Marks
The countries of the Union undertake to protect service marks. They shall not be required to provide for the registration of such marks.

Paris Convention on Industrial Property

In other words, protection of service marks is necessary, but there is no need to establish a registration system for them.
Until service marks became available for filing, Japan protected service marks under the Unfair Competition Prevention Law.

How did service marks become available for filing?

Service marks have been available for filing in Japan since April 1992.

Notes on service marks.

Are you keeping your old trademark as a product trademark?

As mentioned above, in the past, it was not possible to register a service trademark (service mark).
This is true not only in Japan but also in other countries.
Therefore, in the case of retailers, etc., they may have obtained trademark rights by designating related products.

If you renew and continue to use the old product trademark when you are really only using the trademark for services, there is a risk that it will be cancelled for non-use.
In such cases, it is better to reapply by designating the goods or services that you are actually using.

Are you “using” your service mark?

Trademark laws in Japan and other countries sometimes treat service marks a little differently.
For example, Article 2 (3) of the Japanese Trademark Law provides for “use” that applies only to service marks as follows.

(iii)in the course of the provision of services, to affix a mark to articles to be used by a person who receives those services (including articles to be assigned or loaned; the same applies hereinafter);
(iv)in the course of the provision of services, to provide those services by using articles to which a mark is affixed and which are to be used by a person who receives those services;
(v)for the purpose of providing services, to display articles to be used in the provision of those services (including articles to be used by a person who receives those services; the same applies hereinafter) to which a mark is affixed;
(vi)in the course of providing services, to affix a mark to articles pertaining to services received by a person;
(vii)in the course of the provision of services through use of a screen,, by electronic or magnetic means (meaning by electronic means, magnetic means, or other means that is impossible to perceive through the human senses alone; the same applies in the following item), to provide those services by displaying a mark on the image viewer;

Trademark Law (Translation: Japanese Law Translation)

Since the requirements are slightly different from those for “use” of goods, we recommend that you seek confirmation from an expert as to whether or not the mark can be submitted as evidence of use in the event of a trial for rescission of non-use.

Goods or services?　Get the right trademark for your business type!

As you can see, the treatment of service marks is almost the same as for product trademarks, but there are some differences in the details that you should be aware of.
If you have any questions about your trademark rights or evidence of use, we recommend that you consult with a patent attorney who is an expert in trademark matters.

Okay, so the difference between a service mark and a product trademark is not something we usually need to be aware of, but it is a matter of detail.
If I have any concerns about the trademark rights I should take, or the evidence of use, I’ll consult an expert!

Feel free to consult a patent attorney!

Are you worried about your trademark all by yourself?

If you have any problems, please contact our experienced trademark attorneys!