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can you register a trademark when there is already a service mark on it thats the question Im answering today Im Aaron Hall an attorney representing business owners in Minneapolis Minnesota lets imagine that you want to register a trademark with the US Patent and Trademark Office that would give you a federal registered trademark but theres already service mark out there does that pose a problem and if so what do you do about that thats the challenge were tackling today all right so what is a trademark lets start there a trademark is a name a term a logo a mark whatever it is that is being used in association with selling goods or services now so for example think about the Nike shoe Nike we not you hear Nike you think of the shoe company when you see the swoosh which is the Nike logo you think the Nike shoe company you probably dont think oh is that lightning on the shoe is that a wave no you see the image and you go oh that logo represents a company called Nike they sell sh