Service Mark

What is a Service Mark?

A Service Mark is nothing but a Trade Mark for a Service Provider. It could be :

  • an Educational Institution,
  • a Hotel or Restaurant or Resort,
  • a Banking or Insurance Company or Financial Services provider,
  • a Hospital,
  • a Software Solution provider,
  • a Call Centre,
  • a Builder,
  • an Electrical or Plumbing Contractor,
  • an Advertising Agency,
  • a Marriage Bureau,
  • a Recruitment Agency,
  • a Security Agency, or
  • any Service Provider for that matter.

Importance of Service MarkRegistration

In India, the concept of Service Mark was introduced in the new legislation of Trade Marks Act, 1999 and came into effect in September, 2003. The benefits (or functions) of a Service Mark are exactly same as that of a Trade Mark. The Procedure for Filing Application, Government Fees and other Legal implications of registering a SERVICE MARK are same as that of a Trade Mark. We are witnessing exponential growth of Service sector in the country and hence the importance of registering your Service Marks.


Service Mark Classification

As per International conventions and rules of Trade Marks Act, 1999, services are classified as under:

  • 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 40Treatment of materials.
  • Class 41 Education; providing of training; entertainment; sporting and cultural activities.
  • Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
  • Class 43 Services for providing food and drink; temporary accommodation.
  • Class 44 Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
  • Class 45Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.