You must have eaten at McDonald’s or enjoyed their takeaway meals at least once in your life. But did you know that the name “McDonald’s” is actually registered as a service mark?
If you are confused, thinking, “Hmm, I always thought McDonald’s will be a product trademark as they sell food products.”
Yes, they do, but the name “McDonald’s” is actually used for restaurant services – providing food. Further, if McDonald’s decides to come up with a new food or beverage category and assigns a peculiar trademark to it, it will be registered as a product trademark.
Let’s assume a hypothetical situation; you go out with your friends to McDonald’s.
- The name & logo of the McDonald’s franchise on the outlet will be a service mark.
- The burgers, fries, and other purchases you make will be a physical product- so they will have the name and logo as a registered product mark.
Service Marks: What Are They?
A service trademark is a brand name or logo that is used to distinguish its services from others. A business/company providing any type of service should register its service mark at service mark principal registry. Service marks are denoted by ‘SM’.
What is an example of a service mark?
Here are 10 service mark examples:
|Company/Organization||Service Mark||Service Mark Image|
|Unites Airlines- Airline services||Fly The Friendly Skies|
|McDonald’s- Restaurant services||McDonald’s|
|FedEx- Courier delivery service provider||FedEx|
|American Express||American Express|
|Facebook- Social Media & Messaging Services|
|Starbucks- Retail Store Services||“STARBUCKS COFFEE” written in white inside a green circular seal with 2 white stars and the design of a siren wearing a black & white crown.|
|Hilton Hotels- Hospitality Services||Logo with brand name as word mark.|
|American Airlines- Air travel||Logo with word mark|
Service Mark: Class
Under NICE classification, service marks are classified into 10 classes – Class 35 to Class 45.
The classification depends upon the various types of activities under a specific service class’s headings and explanatory notes. In case there are no branches of activities mentioned as in-service classes, we use an analogy criteria.
International Nice Trademark Classes for Services
|Class 35||1. Advertising|
4. Office functions
This class includes services that help in managing the affairs of organizations, including commercial organizations. In addition, advertising activity concerned with any types of goods and services or a public announcement also comes in this class.
|Class 36||1. Insurance|
2. Monetary and Financial Services
|Class 37||Construction and Repair services where work is being done by contractors. This class includes finished as well as in the making building projects.|
|Class 38||Communication services (oral and visual) that help in communicating anything between people are classified here.|
|Class 39||Transportation and storage services related to goods storage in any place. Goods transportation via air, land, and water are covered here.|
|Class 40||Material treatment services that involve changing of chemical or the mechanical composition of a substance are placed here.|
|Class 41||Education and Entertainment services that enhance the knowledge, skill-set or mental capacity of a person or animal are placed here. Further, this class also covers entertainment services for people or animals.|
|Class 42||All the scientific, research activities, and technological services along with services related to software and hardware development are placed in these classes. Moreover, this class also includes legal services and engineering services such as designing, creating blueprints.|
|Class 43||Restaurants services, Temporary accommodation for people and animals along with services that provide the staple foods or drinks preparation for consumption.|
|Class 44||Medical services linked with hygiene, first aid, animal breeding, beauty purposes salon, and grooming services to human beings along with animals forms a part of this category.|
|Class 45||Personal or social services are classified in this class.|