The Trade Marks Act, 1999 has come into force from the 15th of September 2003. The most important feature of the Act is the introduction of the Registration of Service Marks in India. Protection of service marks is very important to save it from infringement, which is available only under the common Law. From 15, September 2003, presently, it has become possible to register the Service under the Trade Marks Act, 1999, separately.
Service Registration in India
Service Marks are marks used in any form of service business where actual goods under that mark are not traded. Services are identifying the source of Service provided by Firm/Company/Individuals. Now, these service marks will be statutorily protected under The Trade Marks Act, 1999.
Following Services mark registration are now protected as a service mark in India under The Trademarks Act, 1999.
- Insurance, monetary affairs, financial affairs, real estate affairs.
- Building construction, repair, installation services.
- Telecommunications.
- Transport, packaging & storage of goods, travel arrangement.
- Treatment of materials.
- Education, entertainment, providing of training, sporting & cultural activities.
Service mark Registration
A service mark is a mark which is used to distinguish service of any description made available to the public. These marks do not cover physical goods but only the provision of services. The Trade Mark Act 1999 provides for the protection of services marks on par with trade marks relating to goods. Service marks provide an opportunity to service providers to create a commercial identity and maintain their brand equity. Global trends in the service sector of national economies indicate an increasing share of services.
Application for protection of such marks should be distinctive, not likely to create confusion among consumers or be violative of morality and public order. The mark may be a name, symbol or sign, numerals, words, letters or shapes or packaging including color combination. It is advisable to conduct a service mark search to check out similar service marks have registered or not. Service mark search will help in registering your unique similar or identical service marks. Applications for the protection of service marks need to classified according to an internationally followed system and should indicate the specific class in which registration is sought. These fall between class 35 to 42 (inclusive).
An application should include:
- Details of the mark to be registered, including a clear reproduction.
- Class of services the mark will be used for.
- The requisite fee and prescribed form.
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