Your brand name needs to be secured in this business and brand creation era. Service mark registration is one sure method of protecting your brand. We guide you through the service mark registration process in India today, provide you with a step-by-step process, explain why it is important, and provide answers to FAQs. See how AnalystIP makes it easy for businesses.
What Is a Service Mark?
A service mark is a trademark that is used to identify and distinguish the services of a provider from others. Service marks, unlike trademarks, are used only in services. As per Indian law, i.e., the Trade Marks Act, 1999, “service mark” has not been defined specifically. Service marks come under the general category of trademarks, and services come under Nice Classification classes 35-45.
Importance of Service Mark Registration
Benefits of service mark registration are:
- Legal Protection: Provides exclusive rights over the use of the mark, thus protection from use by third parties without permission.
- BRAND RECOGNITION: A well-designed service mark generates brand recognition and customer confidence.
- Asset value: Provides intangible value to your business, something highly valued in merger and acquisition transactions.
- Remedy in law: Legal foundation for court proceedings where a case is violated on behalf of the owner of the right, i.e., sue in a court of law.
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 are classified under classes 35 to 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.
Distinction Between Trademark and Service Mark
Service marks and trademarks both perform the function of marking services and goods to be of their respective origin, the sole physical difference being use:
- Trademark: Applied to products.
- Service Mark: Applied to services.
Both of them, however, are subject to the very same law in India, and both of them are “trademark” words.
How AnalystIP Assists in Service Mark Registration
AnalystIP is a professional intellectual property firm with experience in trademark work. Its service mark registration office has:
- Trademark Search: AnalystIP performs a thorough search so that your desired service mark becomes registrable.
- Class Selection Counselling: They help in the proper selection of your class according to the Nice Classification system of services.
- Application Filing: AnalystIP schedules the entire application process so that legal requirements are met.
- Adversarial Management and Inspection: Objections are created, and inspection reports are managed by them.
- Post-Registration Services: Renewal reminder and checking for potential infringement by AnalystIP.
Easy with AnalystIP, wherein you can register service marks with its experts so that expansion of your business is in your control.
Intellectual Property Rights FAQ
Q1: Is service mark registration mandatory in India?
A1: No, you do not. Still, it would be worth it to register your service mark because it would not only give you the benefit of law but also additional protection against infringement.
Q2: Can I use the service mark symbol (℠) before registration?
A2: You put the ℠ symbol alongside your service mark where you claim rights thereto. After registration, you put the ® symbol.
Q3: How long does the registration process take?
A3: The entire process will take any time between 18 months and 3 years, subject to oppositions and objections.
Q4: Can I register a service mark for a tagline or slogan?
A4: Yes, sure, your own customised tagline with your services can be registered as a service mark.
Q5: What happens if someone uses my registered service mark without permission?
A5: You may sue the infringer, including enjoining damages and restrictive use later.
Conclusion
Service mark registration is what one does to guarantee your brand image and get the rightful ownership of your services. As daunting as it may sound, breaking down each step into smaller pieces and consulting with experts will make it simple. It will be extremely important to get the professionalism and expertise required to weather the service mark registration storm in perfection by working for experts like AnalystIP.