International Business

Assignment
Trademark

Service Mark

Trademark Registration
The following trademarks can be registered
Product trademark are those which are affixed to identify
products . Eg
Service trademark are those which are affixed to identify the
service of an entity . Eg
Certification Trademarks are those that capable of
distinguishing the goods and services in connection with
which it is used in course of trade and which is certified by the
proprietor .
Collective Trademarks are registered in the name of groups ,
association or other organizations Eg CA device Used by the
institute of Chartered Accountants.

Trademark Classification and Trademark

Infringement in India
Trademarks in india is Classified into 45 different
classes which are further sub divided with the
objective of grouping the similar nature of goods and
services into one category .

Trademark Infringement
It is a violation of exclusive rights attaching to a
trademark without the authorization of trademark
owner or the licensee . The offence for the same could
be imprisonment for 6 months which can extend upto
3 yrs and a penalty of Rs 50,000 and which can extend
upto Rs 2,00,000.

Service mark
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.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).

Usage

A service mark differs from a trademark in that the mark is used on the advertising of the
service rather than on the packaging or delivery of the service, since there is generally no
"package" to place the mark on, which is the practice for trademarks. For example, a private
carrier can paint its service mark on its vehicles, such as on planes or buses. Personal service
providers can place their service marks on their delivery vehicles, such as on the trucks
of plumbers or on moving vans. However, if the service deals with communications, it is
possible to use a service mark consisting of a sound (a sound trademark) in the process of
delivering the service. This has been done in the case of AT&T, which uses a tone sound
followed by a woman speaking the company's name to identify its long distance
service; MGM, which uses the sound of a lion's roar; and RKO, which uses a Morse
code signal for their motion pictures.

Under United States law, service marks have a different standard of use in order to
count as a use in commerce, which is necessary to complete registration and to stop
infringement by competitors. A trademark normally needs to be used on or directly
in association with the sale of goods, such as on a store display. As services are not
defined by a concrete product, use of a service mark on the uniforms or vehicles of
service providers or in advertisements is instead accepted as a use in commerce.
However, like trademarks, service marks must pass a test of distinctiveness for it to
be qualified as a service mark. Thrifty, Inc. attempted to submit a service mark
application that described aspects of their business (uniforms, buildings, certain
vehicles) as "being blue." The application was rejected for not being specific
enough, and the rejection was upheld on appeal.
The service mark is also available in Unicode as symbol U+2120; it displays on
Unicode-capable browsers as .