A service mark or servicemark is a trademark used in the United

States and several other countries to identify a service rather than a product.
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When a service mark is federally registered, the standard registration
symbol or "Reg U.S. Pat & TM Off" may be used (the same symbol is used
to mark registered trademarks). Before it is registered, it is common practice
(with some legal standing) to use the service mark symbol (a superscript
SM).( Jo naam hai wohi kaam hai)

A service mark, just as the name implies, identifies the name, logo, device or
a combination of these to differentiate the service provided by one business
to that of the others. A service mark, also names the origin of the service.

A trademark is simply a word, name, device, logo, sound, color or a

combination of any of these that is used to identify the products of a
business from the products of another business. A trademark reveals the
source of goods. To put it simply, a trademark is the brand name of the
goods. An important fact about a trademark is that it can be renewed forever
as long as it is being used in business this is quite different from patents.

The main difference between service mark and trademark is that trademark
is applicable for use only toidentify products or goods produced by a
business. On the other hand, a service mark is used to exclusively
to identify a service.

Another example of the difference between service mark and trademark is a

sound. Sound can be used either as a trademark or a service mark. For
instance, NBCs three tone chime is registered as a service mark. An
example of a sound trademark is the Harley-Davidson announcement to
trademark its unique exhaust sound of a Harley-Davidson motorcycle in the
U.S. Patent and Trademark Office (USPTO). Harley-Davidsons move is in
reaction to competitors plan to copy the Harley sound. This is still an
ongoing application as the USPTO is still in the process of determining if
Harley-Davidson should be permitted to register the sound.
 Types of trademarks
Service mark

Service mark is a trademark used to identify services rendered by an organization

from other. Titles, characters names are registered as service marks.
Example: Airtel, Hutch, LIC and Star TV
Certification mark

Certification mark is used to identify the origin, material, quality and characteristics of
goods and services rendered by a manufacturer/ dealer from his competitors. Such
marks may also be used to asses the worth of labour in manufacturing goods or
services.
Example: Woolmark, Agmark and ISI
Collective mark

It is used to distinguish members of a cooperative organization, an association and

other collective groups. Such marks prove to be an effective conservation process
when intellectual assets cannot be protected under trademark or geographical
indication. However such marks are not popular. Almost all legal provision for
trademarks are applicable for such marks. Registration procedure for ordinary marks
in section 18 to 23 are supplemented by sections 63 and 64.
Example: Cooptex and Kadhi craft
Textile mark

Textile mark is a trademark used in textile goods

Example: Raymond
Trade name

A trademark or enterprise mark is used by a person or an entity to identify the

business is referred as trade name. It is also known as trading style. Trade names and
trademarks are synonymous
 Well-known trademark

A well-known trademark uses goods or services rendered using the name of a mark,
which has gained popularity among substantial segment of the public. When such
mark is used by others to promote the products/ services totally different from that of
the genuine products, then the target customers may be deceived due to
overwhelming popularity of brand name. An ordinary mark may acquire the status of
well-known marks over a period owing to quality of products and services rendered.
The term well known mark has been used in India ever since 1999 Act. It is effective
since 15 th September 2003.
Series trademark

Several trademarks may be registered as series as goods or services in the name of

the proprietor. Such trademark should resemble in material and differ in respect of -
1. Goods or services in relation to which they are used or proposed to be used.
2. Quality, quantity, price and the name of the places
3. Other matter of non distinctive character which dies not substantially affect the
identity of trademark.
4. Colour
Associate trademarks

There can be different proprietors using similar trademarks catering to prior rights and
honest concurrent usage. However the validity of the trademarks is limited. The
classes of goods and services may be different. A part of trademark may be registered
separately in addition to registration of trademark as a whole. This permits exclusive
owner ship of that portion of trademark. Only that portion which is registered
separately must satisfy all conditions for trademark registration.
Shape trademark

Shape of trademark has facilitated promotion of products. Ever since the availability of
graphic and other forms of animation technology a variety of shapes (logos, captions
and labels). Such a graphical representation of the trademark capable of
distinguishing the mark from the competing entities is called shape trademarks. It
plays an important role in registration of the mark. The mark that has envisaged
shape mark for the first time of shape used for goods.
Sound trademark

The signature tunes and familiar sounds used in broad casting and has gained
popularity is called sound trademark Nearly 97000 distinct sounds are identified. Such
sounds may be amplified so as to obtain desirable effect. Sound marks are presented
graphically. It is subjected to discretion of the registrar.