Before the commencement of the Trade Marks Act, 1999, only trade marks could be registered and service marks were protected only through existing common law rights.

A service mark is a mark which is used to identify the services of one person from the services of another. In contrast, a trade mark identifies the origin of goods

Service mark protection has now been introduced in India, since 15th of September 2003 following the provisions of new Trade Marks Act, 1999.

Service mark procedures for registration are identical with the  procedures of  trade mark registration.

Various services are categorized under the following classes

35.       Advertising, business management, business administration, office functions
36.       Insurance, financial affairs; monetary affairs; real estate affairs
37.       Building construction; repair; installation services
38.       Telecommunications
39.       Transport; packaging and storage of goods; travel arrangement
40.       Treatment of materials
41.       Education; providing of training; entertainment; sporting and cultural activities