I am the marketing manager for a technology training company. We specialize in training people in Java. Can we use the Java logo on direct mail pieces as long as we cite the TM and give credit to Sun Microsystems?
Also, what is the difference between a service mark and a trademark? Can you register a service mark like you can a trademark?
As a general rule, you should be very careful when using the Java logo in association with your services unless Java's owner, Sun Microsystems, has authorized the use. (Sun also owns a series of Java-related registered trademarks including J2EE and J2ME.)
If you don't get permission and Sun believes that your use of Java is either confusing consumers or diluting its trademark, the company can file suit to stop your use.
Your advertisement should indicate that Java is a registered trademark owned by Sun Microsystems and should include a disclaimer that your services are not affiliated with or sponsored by Sun Microsystems. Finally, you must use the federally registered symbol -- "R" in a circle -- when using Java in a commercial setting, not the "TM" symbol.
As for your second area of confusion, a service mark is any device used to identify a commercial service, or its source, in the marketplace. A trademark is the same, except it applies to a product. You can register both service marks and trademarks with the U.S. Patent and Trademark Office. However, some states register only trademarks, so if you are limited to state registration of a mark because you don't offer your service out of state, and your state doesn't register service marks, you're out of luck.