For the first time in the Trademarks laws of India, the registration of Services Marks is introduced. It is now available for the existing and potential providers and users of the various services to register their mark as a Services Mark, which may include banking, education, software development, transportation, communication, insurance, financing, real estate, warehousing, processing, electricity supply, repairs, advertising, security and detective services, consultancy and management services, legal services etc.

So far the Service providers were not protected under the Trademark Law and hence were depending upon the Common Law in the passing off matters by use of confusing or deceptive mark by unscrupulous service providers.

It was a need for many years. India has seen unprecedented growth in various services particularly in the Information Technology, Infrastructure, Finance and banking, advertising, legal and other consultancy services. Although the differences between a Product and Service are shrinking, certain activities are always considered as Services. Many of the Financial Services are sold as Financial Products, like wise, in Information Technology; many Services are termed as a Product. It is therefore become imperative to have Service Marks registration for better protection.

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.

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.

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.

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.