2. 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.
3. 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.
4. 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.
5. 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)
6. 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.
7. 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.
8. 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.