A trademark popularly known as brand name, is a visual symbol in the form of a word or a device or a label applied to the commercial goods or service to enable the consumer public to identify one trader’s goods from similar goods of other traders.
Under the Trade and Merchandise Marks Act, 1958 registration of ‘service mark’ is not possible but under the new Trade Marks Act ,1999 registration of ‘service mark’ can be done. Such ‘service mark’ can be used as a trade mark but applied to services rather than goods i.e. Banking, Communication, Education, Financing, Insurance, Chit Funds, Real Estate, Transport, Storage material treatment, Processing, Supply of electrical or other energy, Boarding and Lodging, Entertainment, Amusement, Construction, Repair, Conveying of news or Information or Information and Advertising.
Registration of a trade mark is not compulsory. But for better protection it is advisable to register a trade mark.