Service Mark Registration: Trademark

Service mark is one sure method of protecting your brand. As the name suggests of Service Mark Registration is a law made for the service providers. We all have heard about trademark search, but a service mark also exists. For many people, it might be confusing, but the key difference lies in their names. So, for details regarding the service mark, we have prepared this article. service mark is a logo, common word, color, or combination that helps businesses to promote themselves as a different identity and place themselves as a different individual identity among all is known as a service mark, under the Trade Marks Act, 1999.

Benefits of a Service Mark Registration

• 1. Brand security: A service mark helps to safeguard the brand’s name, logo, or any unique identity connected with its services.
  2. Market Positioning: It enables businesses to build a distinct space in the market.
  3. Avoids Confusion: Clearly differentiates services from competitors, helping customers recognize and trust the brand.
  4. Business Growth: By protecting our service mark, our business growth is ensured.

Service Mark Registration Process in India

1. Trademark Search

Precautionary search before filing to prevent your likely service mark from being pending or already registered or pending for opposition. For avoiding conflict as well as opposition at the application level.

2. Select the respective Class

India applies the Nice Classification, where goods and services are classified under 45 classes. Services fall within classes 35 through 45. There is a choice to be made as to what class best defines your services with an attempt to secure them so.

3. Filing of the Application

The application for registration of the service mark is on TM-A. It is filed online on the Controller General of Patents, Designs, and Trade Marks portal. It should include:

• Applicant details
• Restrictive mark
• Services to be registered in chosen class
• Earliest dates on which marks are used (where permitted by case)
• Power of attorney (where filed through agent)

4. Examination by Trademark Office

After it is registered, the Trademark Office stamps and seals the application to turn it into a registered trademark. It is an inspection procedure that is new, not descriptive, and is unlikely to result in interference with some other mark.

5. Publication in Trademark Journal

After examination, the application is released in the Trademark Journal. The journal offers an opportunity window to a third party to oppose registration in case it is prejudicial to their rights.

6. Certificate of Registration

After failure or surmounting such opposition within the stipulated time period (usually 90 days), the issue of a certificate of registration and registration of the service mark follows.

Examples of Service Marks

Imagine a company named “XYZ” that offers home cleaning services. When the name “XYZ” is used in advertisements, on uniforms, or on the company’s website, it functions as a service mark because it identifies a service, not a physical product. Just as a trademark protects brand names for goods, a service mark protects brand identities for services such as delivery, education, travel, legal assistance, and more.

Guide for registration of a service mark

Step 1: Search for Existing Marks
Before applying, check if a similar mark already exists using the Indian Trademark Registry website. This ensures your service mark is unique and avoids legal conflicts.

Step 2: File the Application
Submit Form TM-A online or offline with details like your service name, logo, slogan, or symbol, along with the required fee. This officially starts the registration process.

Step 3: Examination
The Trademark Office reviews and finds possible errors in your application to make sure it follows legal criteria and doesn’t create any conflict with existing marks. The examiner looks at the unique and original aspects of the claim.

Step 4: Publication
After clearing all the examinations, if your application clears all the requirements, the mark will be published in the Trademark Journal. This serves as public notice and allows others to raise objections within 4 months.

Step 5: Registration and Certificate
If no objections are raised or if any objections are resolved in your favor, your service mark gets registered. You will receive a registration certificate, giving you exclusive legal rights to use that mark for your services.

TM vs SM

In the above sections, we discussed the details of a service mark. In real life, we often come across three symbols: ™,  ℠, and ®. Each of these symbols represents a different stage or status of trademarks and service marks:

• ™ is used for unregistered trademarks.
• ℠ When the service mark is unregistered, this type of mark is given to the service providers..
• ® When the unofficial trademark and service mark get official recognition, this mark is given to them to showcase that they are now the owner of this mark

Conclusion

The service mark registration helps to secure your market position with a unique identity. In this article, we have broken down each point in very simple words. In the process of service mark registration, it requires excellent professionalism and expert guidance.