Trademark vs. Service Mark: What’s the Difference and Why Does It Matter?
You’ve got a brilliant brand, the confidence to match, and big dreams in motion. But when it comes to protecting what you’ve built—are you using the right legal tools?
One of the most common questions I hear from women entrepreneurs, content creators, and small business owners is:
“What’s the difference between a trademark and a service mark?”
Let’s clear that up right now—because understanding this can be a game changer when it comes to protecting your brand identity and growing your empire with confidence.
First Things First: What Is a Trademark?
A trademark is any word, name, logo, slogan, or symbol that distinguishes your goods (aka physical products) from others in the marketplace.
For example:
A fashion brand name on clothing labels
A candle line with a custom name and logo
A signature phrase printed on mugs or t-shirts
If you’re selling a physical product—your unique branding can (and should!) be protected with a trademark.
So Then, What Is a Service Mark?
A service mark works just like a trademark, but it applies to services instead of physical goods.
Think:
A business coach who brands her signature program
A beauty salon with a unique name and logo
A consulting firm that offers workshops under a special title
If your business is rooted in offering services instead of products, then a service mark is what protects your brand name and identity.
Trademark vs. Service Mark: The Legal Tea
Here’s the good news: under U.S. trademark law, both trademarks and service marks are treated the same way when it comes to registration and legal rights.
✔️ They’re both filed through the USPTO
✔️ They both protect your exclusive rights to use your brand name/logo
✔️ They both can become powerful business assets
The only real difference is what you’re protecting: goods vs. services.
Do I Need to Know the Difference?
Yes—and no.
If you’re applying for federal protection through the USPTO, the system uses the term trademark as a catch-all for both trademarks and service marks. So technically, you’ll still be applying for a "trademark registration," even if you’re offering services.
But understanding which one applies to you helps you:
Accurately describe your business in your application
Choose the correct International Class
Work with the right legal protections as your brand grows
And let’s be honest: when you understand the language of protection, you move differently. You walk into rooms, launch brands, and negotiate deals like the CEO you are.
Why It Matters for Women of Color Entrepreneurs
As women of color, we often create from lived experience, culture, and authenticity—and those elements are valuable. They’re what set your brand apart. But too many of us are building our empires without properly protecting what we’ve created.
Whether you’re launching a product line or offering services like coaching, content creation, or consulting—you deserve the peace of mind that comes from legal protection.
And the truth is, no one’s going to protect your brand like you will.
Ready to Protect What You’re Building?
Whether you’re just starting out or already running a growing brand, protecting your name is not optional—it’s essential. I help women of color register trademarks and service marks so they can build legacy, confidently and legally.
✨ Want to know what to trademark in your business?
✨ Confused about which class to file under?
✨ Need someone who gets your vision?
Click here to download your FREE Ultimate Trademark Checklist
or
Book a consultation and let’s make sure your brand is legally secured.
