Service Marks by Law Firms Scrutinized
The Ohio Board of Professional Conduct has issued an advisory opinion addressing the use of registered service marks by law firms.
The Rules of Professional Conduct permit the use of a registered service mark by Ohio lawyers and law firms, provided the service mark is not false, misleading, or unverifiable, concludes Advisory Opinion 2020-12.
A service mark identifies a business that provides a service or services compared with a trademark, which identifies the source of goods.
The board specifically found that the use of the word “pro” or “pros” in a service mark is not permissible.
A service mark may communicate a limitation or concentration in a particular field of law, the opinion states. The board also advises lawyers that the use of a service mark must be accompanied by the formal name of a law firm and cannot be used in lieu of a law firm name.
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