TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 9 P15

Gale Encyclopedia of American Law Volume 9 P15 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 128 SERVICEMARK services provided in the same field. Service marks consist of letters words symbols and other devices that help inform consumers about the origin or source of a particular service. Roto-Rooter is an example of a service mark used by a familiar plumbing company. trademarks by contrast are used to distinguish competing products not services. Whereas trademarks are normally affixed to goods by means of a tag or label service marks are generally displayed only through advertising and promotion. Service marks are regulated by the law of unfair competition. At the federal level service mark infringement is governed by the lanham trademark act of 1946 15 . 1051 et. seq. . At the state level service mark infringement is governed by analogous intellectual property statutes that have been enacted in many jurisdictions. In some states service mark infringement may give rise to a cause of action under the common law. Because service marks are a particular type of trademark the substantive and procedural rules governing both types of marks are fundamentally the same. The rights to a service mark may be acquired in two ways. First a business can register the mark with the government. Most service marks are eligible for registration with the . patent and trademark office. Several state governments have separate registration requirements. once a service mark has been registered the law typically affords protection to the first mark filed with the government. Second a business may acquire rights to a service mark through public use. However a mark must be held out to the public regularly and continuously before it will receive legal protection. Sporadic or irregular use of a service mark will not insulate it from infringement. To receive protection a service mark must also be unique unusual or distinctive. common ordinary and generic marks rarely qualify for protection. For example a professional association of physicians could never acquire exclusive .