問12
頻出度★★★
商標法におけるサービスマークを説明したものはどれか。
令和7年度 ITパスポート試験 問12
ストラテジ系法務 › 知的財産権
This question's explanation and your answers so far.
解説
問 12
Incorrectア
A mark used to distinguish a company itself from other companies falls under the concept of a “trade name” or “house mark (company emblem),” not the description of a service mark, which distinguishes a specific service.
Incorrectイ
A trademark that distinguishes “goods” provided by a manufacturer or distributor from the goods of other companies is the description of a trademark for goods. Because its object is goods rather than services, it differs from a service mark.
Incorrectウ
A trademark that distinguishes private-brand “goods” developed by a large retailer is also a kind of trademark for goods, whose object is goods. It is not the description of a service mark, whose object is services.
- エ
正解 A service mark is a trademark under the Trademark Act whose object is a “service,” used to distinguish the services a company provides from those of other companies. Choice エ states it is “a trademark displayed to distinguish services provided by transport companies, financial institutions, and the like from the services of other companies,” which is exactly the definition of a service mark. Trademarks are divided into “trademarks” for goods and “service marks” for services, and choice エ correctly describes the latter, so it is the correct answer.
ここがポイント
- Trademarks can be divided by their object into “trademarks” for goods and “service marks” for services; a service mark is a trademark used to distinguish a service from the services of other companies.
- The key to answering is to identify whether a choice distinguishes “goods” or “services”; the one whose object is an intangible service such as transport or finance is the service mark.
用語