What is the difference between a Trademark and a Service Mark?


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What is the difference between a Trademark and a Service Mark?

  1. 1. 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.
  2. 2.  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.
  3. 3.  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.
  4. 4. 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)
  5. 5. 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.
  6. 6. 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.
  7. 7.  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.