The term "service mark" means any word, name, symbol or device or any combination thereof used by a person to identify and distinguish the services of one person, including a unique service, from the services of others, and to indicate the source of the services, even if the source is unknown. Titles, character names used by a person, and other distinctive features of radio or television programs may be registered as service marks not withstanding that they, or the programs, may advertise the goods of the sponsor. Registration of a service mark is made to show ownership of a mark and to provide protection to the mark itself. Each mark must be reviewed to determine if it so resembles a previously filed mark as not to cause confusion, mistake or deception.
- The duration is 10 years for a registered service mark.
How to File
- File an Application to Register a Service Mark
- The application must be on a current form supplied by the Department of State and be completed in the English language and plainly written or typed. If the mark or any part thereof is not in the English language, it must be accompanied by a sworn, notarized, translation.
- The application must be accompanied by:
- Three specimens (examples) showing the mark as actually used. A specimen for a mark used in connection with a service must show the mark used in providing or advertising the services. For example, a specimen for a service mark may be a photograph of a business sign, a brochure about the service, an advertisement for the service, a website or webpage, a business card, or stationary showing the mark. The specimen must contain some reference to the service provided, not just a display or picture of the mark itself.
- Please do not include any actual goods with your application. Note that specimens may not be larger than 8.5” x 11”.
- Please mail the completed Application to Register a Service Mark together with the filing fee and three specimens of the mark to:
- New York State Department of State, State Records, 1 Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001.
Please refer to the instruction sheet for completion of items 1 through 9 of the Application to Register a Service Mark
$50 filing fee for each classification claimed for registration.
- Personal Checks, Postal Money Orders and Cashier's Checks are accepted. Make checks payable to the NYS Department of State. Checks over $500 must be certified.
Common Denial Reasons
Insufficient information; incorrect information; incorrect fees; same or similar mark already filed
File an Application for Renewal of Trademark/Service Mark within six months prior to the expiration.
Federal Registration Requirements
Federal registration may be obtained by contacting the United States Patent and Trademark Office at 800-786-9199.