Businesses use service marks to identify their services and distinguish them from other services provided in the same field. Under Trademarks Laws of India, It is now available to register their trademark as service mark.
THE NEW TRADEMARK ACT. 1999
A new law has been enacted which has come into force on 15th September 2003 called THE TRADEMARK ACT, 1999. Following are the salient changes in the New Act.
Service marks are used by the services industry to indicate the source or origin of the services in India. Service marks can now be registered under classes 35 to 42.Service Industry providing services like Wholesale & Retail Traders, Showroom, Beauty & Health Care, Insurance, Courier, Transport, Communication, Educational & Entertainment are now in a position to protect their Names & Marks.
WELL KNOWN TRADEMARK
Now Well Known Trademarks will enjoy a greater protection. Persons will not be able to register or use the mark if that is a well-known trademark although the goods are different.
Now it will be possible to register a Trademark by Associations or Co-operating Societies, Textile Associations, Jute Associations & Silk Associations etc.
Now a single application can be filed for registration in more than one class.
PROHIBITION ON USE OF THE SIMILAR CORPORATE NAME
Under the new Act, using the similar or same mark even only as part of their firm name or company name is prohibited.
DURATION OF THE REGISTRATION
The registration of a trademark is valid for a period of 10 years and can be renewed from time to time for further periods of 10 years. If the mark is not renewed it will be removed from the register. A mark that has been removed can be restored by filing an application with in 1 year from the expiration of the last renewal. By renewing it the mark can be kept alive indefinitely.
DIFFERENT CLASSES OF GOODS
There are 42 different classes of goods prescribed under the Trademark Act.1999. An application is made in a particular class depending upon the goods on which it is being used or proposed to be used. Multiple applications can be made in different classes for the same mark.