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However, like trademarks, service marks must pass a test of distinctiveness for it to be qualified as a service mark. [4] For example, Thrifty, Inc. attempted to submit a service mark application that described aspects of their business (uniforms, buildings, certain vehicles) as "being blue". The application was rejected for not being specific ...
The following partial list contains marks which were originally legally protected trademarks, but which have subsequently lost legal protection as trademarks by becoming the common name of the relevant product or service, as used both by the consuming public and commercial competitors. These marks were determined in court to have become generic.
The service mark symbol ℠ (the letters SM in small capitals and superscript style), is a symbol used in the United States and some other jurisdictions to provide notice that the preceding mark is a service mark. This symbol may be used for service marks not yet registered with the relevant national authority.
Another example of a descriptive mark would be a geographical word or phrase that merely indicates the origin of the product or service. For example, Houston based ice cream might find that the name "Houston ice cream" is denied trademark protection on the grounds that the word Houston is merely descriptive. However, they might have better luck ...
A trademark used in connection with services is called a service mark. Service marks are used, for example, by hotels, restaurants, airlines, tourist agencies, car-rental agencies, laundries and cleaners. All that has been said about trademarks also applies to service marks.
A trademark is a symbol, word, or words legally registered or established by use as representing a company, product or service. [1] [2] Unregistered trademarks can instead be marked with the trademark symbol, ™, while unregistered service marks are marked with the service mark symbol, ℠.
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The service mark symbol is less commonly used than the trademark sign, especially outside the United States. In recent years [when?], the trademark symbol has seen use on social media in an ironic fashion, highlighting a concept as if it were important enough to warrant its own trademark, for example, "Official Bisexual Haircut™".