The "SM" symbol does not relate to copyright but signifies a Service Mark.
What the "SM" Symbol Signifies
Based on the provided reference, the "SM" symbol stands for "Service Mark". It is used to indicate that the user considers the word, phrase, logo, or design to be their mark used specifically with services, as opposed to physical goods.
- The symbol should be used in connection with services.
- Its use indicates that the user claims rights in the mark as a trademark for those services.
The reference explicitly states: "However, the “SM” Symbol means “Service Mark” and should be used with “Services” as opposed to “Goods.” Use of the “SM” Symbol indicates that the user of the mark considers the word or phrase to be their “trademark” that is used specifically with “services.”"
"SM" vs. Copyright: Understanding the Difference
While both are forms of intellectual property protection, "SM" (Service Mark/Trademark) and copyright protect different things:
| Feature | SM (Service Mark) | Copyright |
|---|---|---|
| Purpose | Identify source of services | Protect original works of authorship |
| What it protects | Branding (names, logos, slogans) used for services | Creative works (books, music, software, art) |
| Symbol | SM™ (unregistered) or ® (registered) | © |
Therefore, using "SM" indicates a claim on a service mark, not a claim under copyright law. Copyright automatically protects original creative works from the moment they are created in a fixed form. A service mark protects the branding associated with services to prevent consumer confusion about the source of those services.
