SlideShare a Scribd company logo
1 of 8
WHAT IS SERVICE MARK?
 Any word, name, symbol, or device, or any combination
 thereof, used by a person to identify and distinguish the
 services of that person, including a unique service, from the
 services of others, and to indicate the source of the services,
 even if that source is unknown. Titles, character names used by
 a person, and other distinctive features of radio or television
 programs may be registered as service marks notwithstanding
 that they, or the programs, may advertise the goods of the
 sponsor.
 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.
 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.
TRADEMARK
 A “trademark” is any word, name, symbol, or device, or
 any combination thereof, used by a party to identify and
 distinguish its goods from those manufactured or sold
 by others and to indicate the source of the goods (even if
 that source is unknown)
SERVICE MARK vs TRADE MARK
 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.
  Everything 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.
WHAT IS A SPECIMEN?
 A specimen demonstrates how the mark is being
 presented to the public. Specimens can be in a wide
 variety of forms.
   For a trademark , the specimen can be a label of the product
   sold or a photograph of the mark on the product itself, if the
   product is too big or bulky to send through the mail. For
   example, if the mark is printed on the front of t–shirts, three
   photographs of the mark on the t–shirt could be sent rather
   than sending three t–shirts.
 For a service mark, the specimen can be a sample of how the

 services   are   being    advertised.   A    “yellow   page”
 advertisement, a flyer, a business card, or a photograph of a
 billboard advertising the services could be submitted. The
 specimen for a service mark must demonstrate the nature of
 the services rendered. The specimen must be something that
 could be handed to any average member of the public and
 that person would immediately know what services are being
 provided by the company using the mark.

More Related Content

What's hot

Patent & patent rights
Patent & patent rightsPatent & patent rights
Patent & patent rightsSmita Shukla
 
Patent act 1970 with amendment
Patent act 1970 with amendmentPatent act 1970 with amendment
Patent act 1970 with amendmentAminu Kende
 
Trademark Infringement,Types of Trademark Infringements and Remedies of Infri...
Trademark Infringement,Types of Trademark Infringements and Remedies of Infri...Trademark Infringement,Types of Trademark Infringements and Remedies of Infri...
Trademark Infringement,Types of Trademark Infringements and Remedies of Infri...raogari
 
Intellectual property-Trademark
Intellectual property-TrademarkIntellectual property-Trademark
Intellectual property-TrademarkPriyanka Agarwal
 
Trademark ppt by-pooja gurwani
Trademark ppt by-pooja gurwaniTrademark ppt by-pooja gurwani
Trademark ppt by-pooja gurwaniPooja Gurwani
 
Enforcement of Intellectual Property Rights (IPR) in India
Enforcement of Intellectual Property Rights (IPR) in IndiaEnforcement of Intellectual Property Rights (IPR) in India
Enforcement of Intellectual Property Rights (IPR) in IndiaVijay Dalmia
 
Patentabl subject matter
Patentabl subject matterPatentabl subject matter
Patentabl subject matterVijay Makyam
 
Patent infringement and its types
Patent infringement and its typesPatent infringement and its types
Patent infringement and its typesVishal Bhuva
 
Patent infringement
Patent infringementPatent infringement
Patent infringementPatSnap
 
Trade Related Aspects Of Intellectual Property Rights (TRIPS)
Trade Related Aspects Of Intellectual Property Rights (TRIPS)Trade Related Aspects Of Intellectual Property Rights (TRIPS)
Trade Related Aspects Of Intellectual Property Rights (TRIPS)Anjita Khadka
 
trademark
trademarktrademark
trademarkIMDR
 
Indian patent act 1970
Indian patent act 1970Indian patent act 1970
Indian patent act 1970Sagar Savale
 
Impact of ipr in biological research in india
Impact of ipr in biological research in indiaImpact of ipr in biological research in india
Impact of ipr in biological research in indiaSwaraj Prasad
 

What's hot (20)

Patent & patent rights
Patent & patent rightsPatent & patent rights
Patent & patent rights
 
Patent act 1970 with amendment
Patent act 1970 with amendmentPatent act 1970 with amendment
Patent act 1970 with amendment
 
Trademark Infringement,Types of Trademark Infringements and Remedies of Infri...
Trademark Infringement,Types of Trademark Infringements and Remedies of Infri...Trademark Infringement,Types of Trademark Infringements and Remedies of Infri...
Trademark Infringement,Types of Trademark Infringements and Remedies of Infri...
 
Ipr Enforcement
Ipr EnforcementIpr Enforcement
Ipr Enforcement
 
Compulsory licensing (patents)
Compulsory licensing (patents)Compulsory licensing (patents)
Compulsory licensing (patents)
 
Intellectual property-Trademark
Intellectual property-TrademarkIntellectual property-Trademark
Intellectual property-Trademark
 
Trademark ppt by-pooja gurwani
Trademark ppt by-pooja gurwaniTrademark ppt by-pooja gurwani
Trademark ppt by-pooja gurwani
 
Enforcement of Intellectual Property Rights (IPR) in India
Enforcement of Intellectual Property Rights (IPR) in IndiaEnforcement of Intellectual Property Rights (IPR) in India
Enforcement of Intellectual Property Rights (IPR) in India
 
Patentabl subject matter
Patentabl subject matterPatentabl subject matter
Patentabl subject matter
 
Patent infringement and its types
Patent infringement and its typesPatent infringement and its types
Patent infringement and its types
 
Patent infringement
Patent infringementPatent infringement
Patent infringement
 
Copyright act 1957
Copyright act 1957Copyright act 1957
Copyright act 1957
 
Copyright
CopyrightCopyright
Copyright
 
Indian Patent act 1970
Indian Patent act 1970Indian Patent act 1970
Indian Patent act 1970
 
Trade Related Aspects Of Intellectual Property Rights (TRIPS)
Trade Related Aspects Of Intellectual Property Rights (TRIPS)Trade Related Aspects Of Intellectual Property Rights (TRIPS)
Trade Related Aspects Of Intellectual Property Rights (TRIPS)
 
trademark
trademarktrademark
trademark
 
Indian patent act 1970
Indian patent act 1970Indian patent act 1970
Indian patent act 1970
 
Wipo
WipoWipo
Wipo
 
PATENTING: AN OVERVIEW
PATENTING: AN OVERVIEWPATENTING: AN OVERVIEW
PATENTING: AN OVERVIEW
 
Impact of ipr in biological research in india
Impact of ipr in biological research in indiaImpact of ipr in biological research in india
Impact of ipr in biological research in india
 

Similar to What is a service mark

Intellectual Property Rate - Trade marks.pptx
Intellectual Property Rate - Trade marks.pptxIntellectual Property Rate - Trade marks.pptx
Intellectual Property Rate - Trade marks.pptxVinuShoby
 
Types of trademark in india
Types of trademark in indiaTypes of trademark in india
Types of trademark in indiaiamsidkul
 
IACA-The-Basics-of-Trademarks-PowerPoint.pptx
IACA-The-Basics-of-Trademarks-PowerPoint.pptxIACA-The-Basics-of-Trademarks-PowerPoint.pptx
IACA-The-Basics-of-Trademarks-PowerPoint.pptxDrGunjanSarkar
 
Trademark_for_Goodwill_NALCO_18[1].06.2010.ppt
Trademark_for_Goodwill_NALCO_18[1].06.2010.pptTrademark_for_Goodwill_NALCO_18[1].06.2010.ppt
Trademark_for_Goodwill_NALCO_18[1].06.2010.pptrttiwarirupali
 
Trade mark
Trade markTrade mark
Trade markSachin H
 
2012 tm basics_business
2012 tm basics_business2012 tm basics_business
2012 tm basics_businessAndrew Rapacke
 
Selection of trademark in india
Selection of trademark in indiaSelection of trademark in india
Selection of trademark in indiaDeepali Lakdawala
 
Selection of trademark in india
Selection of trademark in indiaSelection of trademark in india
Selection of trademark in indiaDeepali Lakdawala
 
trademark registration in Pune.pdf
trademark registration in Pune.pdftrademark registration in Pune.pdf
trademark registration in Pune.pdfStartupportal
 
Trade mark Registration In Jaipur/Rajasthan/India
Trade mark Registration In Jaipur/Rajasthan/IndiaTrade mark Registration In Jaipur/Rajasthan/India
Trade mark Registration In Jaipur/Rajasthan/IndiaKhanna Asssociates
 
Legal Regime of Trademark Law
Legal Regime of Trademark LawLegal Regime of Trademark Law
Legal Regime of Trademark LawKritika Goel
 
Trademark and It's Types
Trademark and It's TypesTrademark and It's Types
Trademark and It's TypesJharna Jagtiani
 
trademarks-140930004541-phpapp01.pdf
trademarks-140930004541-phpapp01.pdftrademarks-140930004541-phpapp01.pdf
trademarks-140930004541-phpapp01.pdfDivyeshChaudhary1
 
Trademark Registration
Trademark RegistrationTrademark Registration
Trademark RegistrationLegal Raasta
 
Benefits of Trademark Registration
Benefits of Trademark RegistrationBenefits of Trademark Registration
Benefits of Trademark RegistrationPrashantkalyan2
 
Trademark (Intellectual Property Law)
Trademark (Intellectual Property Law)Trademark (Intellectual Property Law)
Trademark (Intellectual Property Law)Advocacy
 

Similar to What is a service mark (20)

Trade Marks and Trade Names
Trade Marks and Trade NamesTrade Marks and Trade Names
Trade Marks and Trade Names
 
Intellectual Property Rate - Trade marks.pptx
Intellectual Property Rate - Trade marks.pptxIntellectual Property Rate - Trade marks.pptx
Intellectual Property Rate - Trade marks.pptx
 
Types of trademark in india
Types of trademark in indiaTypes of trademark in india
Types of trademark in india
 
IACA-The-Basics-of-Trademarks-PowerPoint.pptx
IACA-The-Basics-of-Trademarks-PowerPoint.pptxIACA-The-Basics-of-Trademarks-PowerPoint.pptx
IACA-The-Basics-of-Trademarks-PowerPoint.pptx
 
Trademark.ppt
Trademark.pptTrademark.ppt
Trademark.ppt
 
Trademark_for_Goodwill_NALCO_18[1].06.2010.ppt
Trademark_for_Goodwill_NALCO_18[1].06.2010.pptTrademark_for_Goodwill_NALCO_18[1].06.2010.ppt
Trademark_for_Goodwill_NALCO_18[1].06.2010.ppt
 
Trade mark
Trade markTrade mark
Trade mark
 
2012 tm basics_business
2012 tm basics_business2012 tm basics_business
2012 tm basics_business
 
Selection of trademark in india
Selection of trademark in indiaSelection of trademark in india
Selection of trademark in india
 
Selection of trademark in india
Selection of trademark in indiaSelection of trademark in india
Selection of trademark in india
 
trademark registration in Pune.pdf
trademark registration in Pune.pdftrademark registration in Pune.pdf
trademark registration in Pune.pdf
 
Trade mark Registration In Jaipur/Rajasthan/India
Trade mark Registration In Jaipur/Rajasthan/IndiaTrade mark Registration In Jaipur/Rajasthan/India
Trade mark Registration In Jaipur/Rajasthan/India
 
Legal Regime of Trademark Law
Legal Regime of Trademark LawLegal Regime of Trademark Law
Legal Regime of Trademark Law
 
Info 442 chapter6
Info 442 chapter6Info 442 chapter6
Info 442 chapter6
 
Trademark and It's Types
Trademark and It's TypesTrademark and It's Types
Trademark and It's Types
 
Due diligence
Due diligenceDue diligence
Due diligence
 
trademarks-140930004541-phpapp01.pdf
trademarks-140930004541-phpapp01.pdftrademarks-140930004541-phpapp01.pdf
trademarks-140930004541-phpapp01.pdf
 
Trademark Registration
Trademark RegistrationTrademark Registration
Trademark Registration
 
Benefits of Trademark Registration
Benefits of Trademark RegistrationBenefits of Trademark Registration
Benefits of Trademark Registration
 
Trademark (Intellectual Property Law)
Trademark (Intellectual Property Law)Trademark (Intellectual Property Law)
Trademark (Intellectual Property Law)
 

More from vakilsearch_tutorial

Private Limited Company vs Limited Liability Partnership (LLP) vs One Person ...
Private Limited Company vs Limited Liability Partnership (LLP) vs One Person ...Private Limited Company vs Limited Liability Partnership (LLP) vs One Person ...
Private Limited Company vs Limited Liability Partnership (LLP) vs One Person ...vakilsearch_tutorial
 
Articles of Association and its Contents
Articles of Association and its ContentsArticles of Association and its Contents
Articles of Association and its Contentsvakilsearch_tutorial
 
What is the procedure to apply for a copyright?
What is the procedure to apply for a copyright?What is the procedure to apply for a copyright?
What is the procedure to apply for a copyright?vakilsearch_tutorial
 
What is the difference between a Contract and an Agreement?
What is the difference between a Contract and an Agreement?What is the difference between a Contract and an Agreement?
What is the difference between a Contract and an Agreement?vakilsearch_tutorial
 
Rules to follow to set up a Joint Venture with an Indian company
Rules to follow to set up a Joint Venture with an Indian companyRules to follow to set up a Joint Venture with an Indian company
Rules to follow to set up a Joint Venture with an Indian companyvakilsearch_tutorial
 
“Shops and establishments” Registration
“Shops and establishments” Registration“Shops and establishments” Registration
“Shops and establishments” Registrationvakilsearch_tutorial
 
Terms to include in a terms of service
Terms to include in a terms of serviceTerms to include in a terms of service
Terms to include in a terms of servicevakilsearch_tutorial
 

More from vakilsearch_tutorial (20)

Private Limited Company vs Limited Liability Partnership (LLP) vs One Person ...
Private Limited Company vs Limited Liability Partnership (LLP) vs One Person ...Private Limited Company vs Limited Liability Partnership (LLP) vs One Person ...
Private Limited Company vs Limited Liability Partnership (LLP) vs One Person ...
 
Articles of Association and its Contents
Articles of Association and its ContentsArticles of Association and its Contents
Articles of Association and its Contents
 
MOU's and MOA's
MOU's and MOA'sMOU's and MOA's
MOU's and MOA's
 
What is patent licensing?
What is patent licensing?What is patent licensing?
What is patent licensing?
 
What is the procedure to apply for a copyright?
What is the procedure to apply for a copyright?What is the procedure to apply for a copyright?
What is the procedure to apply for a copyright?
 
What is the difference between a Contract and an Agreement?
What is the difference between a Contract and an Agreement?What is the difference between a Contract and an Agreement?
What is the difference between a Contract and an Agreement?
 
Sales Tax Registration
Sales Tax RegistrationSales Tax Registration
Sales Tax Registration
 
Trademark Licensing
Trademark LicensingTrademark Licensing
Trademark Licensing
 
Rules to follow to set up a Joint Venture with an Indian company
Rules to follow to set up a Joint Venture with an Indian companyRules to follow to set up a Joint Venture with an Indian company
Rules to follow to set up a Joint Venture with an Indian company
 
FIR- First Information Report
FIR- First Information ReportFIR- First Information Report
FIR- First Information Report
 
“Shops and establishments” Registration
“Shops and establishments” Registration“Shops and establishments” Registration
“Shops and establishments” Registration
 
Loan agreement
Loan agreementLoan agreement
Loan agreement
 
23.3.2013
23.3.201323.3.2013
23.3.2013
 
22.3.2013
22.3.201322.3.2013
22.3.2013
 
22.3.2013
22.3.201322.3.2013
22.3.2013
 
Letter of intent
Letter of intentLetter of intent
Letter of intent
 
Terms to include in a terms of service
Terms to include in a terms of serviceTerms to include in a terms of service
Terms to include in a terms of service
 
Closing down a proprietorship
Closing down a proprietorshipClosing down a proprietorship
Closing down a proprietorship
 
Liaison office in India
Liaison office in IndiaLiaison office in India
Liaison office in India
 
21.3.2013
21.3.201321.3.2013
21.3.2013
 

What is a service mark

  • 1.
  • 2. WHAT IS SERVICE MARK?  Any word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the services of that person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. Titles, character names used by a person, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor.
  • 3.  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.
  • 4.  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.
  • 5. TRADEMARK  A “trademark” is any word, name, symbol, or device, or any combination thereof, used by a party to identify and distinguish its goods from those manufactured or sold by others and to indicate the source of the goods (even if that source is unknown)
  • 6. SERVICE MARK vs TRADE MARK  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. Everything 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.
  • 7. WHAT IS A SPECIMEN?  A specimen demonstrates how the mark is being presented to the public. Specimens can be in a wide variety of forms.  For a trademark , the specimen can be a label of the product sold or a photograph of the mark on the product itself, if the product is too big or bulky to send through the mail. For example, if the mark is printed on the front of t–shirts, three photographs of the mark on the t–shirt could be sent rather than sending three t–shirts.
  • 8.  For a service mark, the specimen can be a sample of how the services are being advertised. A “yellow page” advertisement, a flyer, a business card, or a photograph of a billboard advertising the services could be submitted. The specimen for a service mark must demonstrate the nature of the services rendered. The specimen must be something that could be handed to any average member of the public and that person would immediately know what services are being provided by the company using the mark.