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| Service Mark
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| What is service mark? |
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As defined in The Trade Marks Act, 1999, “service” means service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electric or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of new or information and advertising.
Whereas in regards to “mark”, it includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or, combination of colours or any combination thereof.
A service mark is a form of trade mark that is used in the sale or adverting of services. The services offered by one business from similar services offered by the other businesses.
Explaining it more elaborately word, name, or symbol that represents a company/firm/individual that provides service or a service provided by a company/firm/individual that differentiates it from the competition and establishes it as unique. The service mark may be legally registered for the exclusive use of that company. |
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| Service Mark Vs. Trade Mark |
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A service mark and a trade mark though not very different are not the same. There is mainly one simple difference between service mark and a trademark. A Service mark is used for services rather than goods. A Trademark is to identify goods and to distinguish those goods from those made or sold by another.
Though there is a difference in the definition of trade mark and service mark, procedure for the registration and rights created on registration or use are same. Every thing is similar between a trade mark and a service mark except mode in which they are used, a trade mark is used on a product; whereas a service mark is a identification of a service provider, which is normally used in advertisements, as services can not defined by a concrete product. |
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| Type of services |
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| Services are divided in different classes according to classification. In Trade Marks act, 1999 there are in total forty two [42] classes. Out of these forty two classes class – 1 to class – 34 are for Trade marks whereas class – 35 to class -42 are for service marks. Services included in these classes are as following:- |
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Class 35 |
Advertising, business management, business administration, office functions. |
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Class 36 |
Insurance, financial affairs; monetary affairs; real estate affairs. |
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Class 37 |
Building construction; repair; installation services. |
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Class 38 |
Telecommunications. |
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Class 39 |
Transport; packaging and storage of goods; travel arrangement. |
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Class 40 |
Treatment of materials. |
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Class 41 |
Education; providing of training; entertainment; sporting and cultural activities. |
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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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