Service Mark
DIVINE LOGICS
Who can apply for Service Mark?
For the first time in the Trade Marks laws of India, the registration of Services Marks is introduced. It is now available for the existing and potential providers and users of the various services to register their mark as a Service Mark, which may include banking, education, software development, transportation, communication, insurance, financing, real estate, warehousing, processing, electricity supply, repairs, advertising, security and detective services, consultancy and management services, legal services etc.
So far the Service providers were not protected under the Trade Mark Law and hence were depending upon the Common Law in the passing off matters by use of confusing or deceptive mark by unscrupulous service providers.
It was a need for many years. India has seen unprecedented growth in various services particularly in the Information Technology, Infrastructure, Finance and banking, advertising, legal and other consultancy services. Although the differences between a Product and Service is shrinking, certain activities are always considered as Services. Many of the Financial Services are sold as Financial Products, like wise, in Information Technology, many Services are termed as a Product. It is therefore become imperative to have Service Marks registration for better protection.
Applying for Service Mark
The steps involved are the same as in obtaining a Trade Mark, only the classification of goods and services differ. Service Mark comes under the purview of 'The Trade Marks Act, 1999'. Please refer Trade Mark for more details.
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Classification of Services under schedule VI of Act
- Class 35. Advertising, business management, business administration, office functions
- Class 36. Insurance, financial affairs; monetary affairs; real estate affairs
- Class 37. Building construction; repair; installation services
- Class 38. Telecommunications
- Class 39. Transport; packaging and storage of goods; travel arrangement
- Class 40. Treatment of materials
- Class 41. Education; providing of training; entertainment; sporting and cultural activities
- Class 42. Providing of food and drink; temporary accommodation; medical, hygienic and beauty care; veterinary and agricultural services, legal services, scientific and industrial research; computer programming; services that cannot be classified in other classes
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