# Registering a Service Mark? **URL:** \ **Category:** Factual Questions\ **Created:** [December 13, 2009, 11:05pm UTC](https://boards.straightdope.com/t/registering-a-service-mark/521151 "2009-12-13T23:05:35Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![raindog](https://avatars.discourse-cdn.com/v4/letter/r/2bfe46/32.png) [@raindog](https://boards.straightdope.com/u/raindog)\ **Post date:** [December 13, 2009, 11:05pm UTC](https://boards.straightdope.com/t/registering-a-service-mark/521151/1 "2009-12-13T23:05:35Z")
Anybody know the skinny on this? Is it a state, or national thing? Research on taken SMs? Does it require a lawyer? (ftr, I’m of the opinion and experience that things like incorporating etc often don’t require one) Cost? Duration? Any other info is appreciated. ---
**Author:** ![raindog](https://avatars.discourse-cdn.com/v4/letter/r/2bfe46/32.png) [@raindog](https://boards.straightdope.com/u/raindog)\ **Post date:** [December 13, 2009, 11:07pm UTC](https://boards.straightdope.com/t/registering-a-service-mark/521151/2 "2009-12-13T23:07:16Z")
ETA: I think I know the difference between a Service Mark and a Trade Mark, but any lawyers are free to educate me. ---
**Author:** ![Bearflag70](https://avatars.discourse-cdn.com/v4/letter/b/8e7dd6/32.png) [@Bearflag70](https://boards.straightdope.com/u/Bearflag70)\ **Post date:** [December 13, 2009, 11:23pm UTC](https://boards.straightdope.com/t/registering-a-service-mark/521151/3 "2009-12-13T23:23:00Z")
Trademark = goods Service Mark = services There is a federal registry. California also has its own registry. Registration is not required to have a valid mark, but it has advantages. Generally valid as long as it’s used in commerce. > **[Trademark FAQs](https://www.uspto.gov/learning-and-resources/trademark-faqs)** > > Read frequently asked questions we receive from our customers. [http://www.sos.ca.gov/business/ts/](http://www.sos.ca.gov/business/ts/) [http://www.sos.state.oh.us/SOS/Text.aspx?page=348&AspxAutoDetectCookieSupport=1](http://www.sos.state.oh.us/SOS/Text.aspx?page=348&AspxAutoDetectCookieSupport=1) ---
**Author:** ![aaelghat](https://avatars.discourse-cdn.com/v4/letter/a/c5a1d2/32.png) [@aaelghat](https://boards.straightdope.com/u/aaelghat)\ **Post date:** [December 14, 2009, 4:28pm UTC](https://boards.straightdope.com/t/registering-a-service-mark/521151/4 "2009-12-14T16:28:07Z")
On whether you need a lawyer, the answer is “no”. The application can be filed with the United States Patent and Trademark office online. Just take your time, and make sure you choose the international class(es) for your service, and make sure your mark isn’t merely descriptive (e.g. “HOUSE CLEANING”). Not sure if your service is regional or national, but perform a search to see if anyone has registered the service mark [here](http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=4004:9djda7.1.1). You want to ensure there isn’t a likelihood of confusion with anyone else’s trademark. For a trademark registration to remain valid, an Affidavit of Use must be filed after the fifth year and the registration must be renewed every 10 years. Filing an electronic application with the US patent and trademark office costs about $275. ---
**Author:** ![raindog](https://avatars.discourse-cdn.com/v4/letter/r/2bfe46/32.png) [@raindog](https://boards.straightdope.com/u/raindog)\ **Post date:** [December 15, 2009, 4:46am UTC](https://boards.straightdope.com/t/registering-a-service-mark/521151/5 "2009-12-15T04:46:57Z")
> [@aaelghat](#): > > On whether you need a lawyer, the answer is “no”. The application can be filed with the United States Patent and Trademark office online. Just take your time, and make sure you choose the international class(es) for your service, and make sure your mark isn’t merely descriptive (e.g. “HOUSE CLEANING”). > > Not sure if your service is regional or national, but perform a search to see if anyone has registered the service mark [here](http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=4004:9djda7.1.1). You want to ensure there isn’t a likelihood of confusion with anyone else’s trademark. > > For a trademark registration to remain valid, an Affidavit of Use must be filed after the fifth year and the registration must be renewed every 10 years. > > Filing an electronic application with the US patent and trademark office costs about $275. **aaelghat** Thanks! Looking over the site [briefly] it looks more like a trademark only database. Is this true? If not, are you familiar with the site, or can you give me some direction specific to service marks? Thanks again. ---
**Author:** ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx)\ **Post date:** [December 15, 2009, 2:15pm UTC](https://boards.straightdope.com/t/registering-a-service-mark/521151/6 "2009-12-15T14:15:00Z")
You don’t need a lawyer to register it. Of course you don’t need a lawyer for a patent, a trademark, a copyright or even to declare bankruptcy. The real problem with NOT using a lawyer is the fees are non-refundable. If you screw up the filing processes, you can always do it over but your fees are lost