Legal Question in Intellectual Property in Florida

First, please realize that a "service mark" is a trademark. They are one and the same. Trademarks are registered for either goods or services, and the only difference between a "goods mark" (no one would ever use that term) and a "service mark" is the class for which the trademark is registered.

The specific question you have asked requires full evaluation of your case by a knowledgeable trademark attorney. What is "similar" under the law can only by determined and opined by one skilled in the art who knows all the facts. Seriously, volumes of books have been written on the subject, and I'm sure you don't just want all the law regurgitated to you. You need an attorney who already knows the law, who can evaluate your specific facts, and render an opinion to you. Please retain an attorney without delay.

Yes, having a registered service mark is a way to distinguish your particular program from similar programs.

A service mark is used to identify and distinguish the services of one provider from services provided by others. A simple definition is that a service mark identifies a source of services and a trademark identifies a source of goods or products.

The main concern here is whether your intended service mark is too similar to any existing service mark that has already received registration with the United States Patent & Trademark Office. This can only be determined after thorough review of your intended mark and any similar relevant marks.

THE COMMENTS CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL USE ONLY- NOT AS LEGAL OPINION. NO ATTORNEY/CLIENT RELATIONSHIP HAS BEEN ESTABLISHED.