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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 is 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.
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