Service Mark Law in India: Servicemark Application

The Trade Marks Act, 1999 has come into force from the 15th of September 2003. An important feature of the Act is the introduction of the registration of Service Marks in India. Previously, Service Mark registration in India was not allowed. Protection of service marks was available only under the common Law. From September 2003, it has now become possible to separately register and therefore statutorily protect Service Marks.

What are Service Marks? Service Marks are marks used in any form of service business where actual goods under that mark are not traded. For instance, a Hotel or a restaurant is a service: under the marks Taj, Oberoi, Sheraton, Meridian, Sher-e-Punjab, Khyber, Chinese Room, no goods are traded, but services are offered and purchased, these marks will now be statutorily protected under the Act. Similarly, marks for software services or business process outsourcing services, or health, insurance, repair services or airlines services or educational services can be protected by registration.

Goods and Services are classified under various classes. Under the old trademark law, Only 34 classes for goods were available. Under the Act of 99, 11 more classes have been created for protection of service marks, i.e. classes 35 to 45. The services under these classes are classified as follows:

Advertising; business management; business administration; office functions

Insurance; financial affairs; monetary affairs; real estate affairs.

Building construction; repair; installation services

Telecommunications.

Transport; packaging & storage of goods; travel arrangement

Treatment of materials

Education; providing of training; entertainment; sporting & cultural activities

Scientific & technological services, research & design; industrial analysis & research services; design & development of computer hardware & software; legal services. Services for providing food & drink; temporary accommodation. Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.

These are general classes. Each class has hundreds of entries for services falling under a class. Thus, for instance, Compilation of information into computer databases is a service falling in class 35 but a service for providing financial information is a service falling in class 36. Again, a service providing Installation, maintenance and repair of Computer hardware falls in class 37 but Installation and Maintenance of Computer software falls in class 42. Class 43 covers hotel and restaurant services. Medical clinics and Beauty parlors fall in class 44 and horoscope casting in class 45.