Both trademarks and service marks are types of trademarks used to identify and distinguish products or services in the marketplace. Although they share similarities, they also have differences in terms of how they are applied and used.

Trademark

A trademark is a distinctive sign that is applied to physical goods, such as consumer goods, electronics, clothing, food, etc. Its main objective is to differentiate a company’s products from the products of other companies, allowing consumers to identify and relate those products to a specific source. Trademarks can be words, logos, designs, numbers, sounds and even unique smells.

Trademarks work by ensuring that consumers can recognize a specific product or group of products as coming from a particular company. This can generate trust, loyalty and recognition in the market. In Colombia, companies must register their trademarks with the Superintendency of Industry and Commerce to obtain legal protection against unauthorized use by third parties.

Service Mark

A service mark is similar to a trademark, but applies to services rather than tangible goods. Service marks are used to distinguish services offered by one company from services provided by other companies. These services may include areas such as healthcare, education, consulting, entertainment, etc.

As with trademarks, service marks seek to create an identity and reputation in the marketplace. A successful service brand helps consumers associate certain quality standards and features with the services offered under that brand. As with trademarks, companies must register their service marks to obtain legal protection and exclusivity in the use of the mark in connection with specific services.

In summary, both trademarks and service marks are essential tools in the marketing strategy and legal protection of companies. Both seek to establish a connection between the consumer and the company by creating a recognizable and distinctive identity in the marketplace. The main difference lies in whether they apply to physical products or services, but the underlying purpose is the same: to differentiate and protect the company’s identity and reputation in the marketplace.