service mark

Not every business opportunity must be registered with the Department of Banking under the Connecticut Business Opportunity Investment Act. Where a business opportunity includes the sale of a marketing program made in conjunction with the licensing of a federally registered trademark or service mark, the Connecticut Business Opportunity Investment Act does not apply. Business opportunity sellers claiming this exclusion must file a notice with the department. The burden of proving that the seller is eligible for the exclusion and that a trademark or service mark continues to be federally registered rests with the business opportunity seller.

a word, name, symbol or device that is to indicate the source of the services and to distinguish them from the services of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are often used to refer to both trademarks and service marks.

A word, name, symbol or device, or any combination thereof, used to identify and distinguish the services performed by a particular entity form those performed by its competitors.