Service marks are marks used by the service industry to indicate the source or origin of the services. In India, Service Marks can be registered under Classes 35 to 42.
Trade Dress, is similar to a trade mark, but, has not been defined under the Act. Trade dress is the overall impression one gets of a particular product or range of products manufactured or dealt with by a person and also includes the way in which it is packed or presented to the buyer. A trade dress is totally non-functional without any utility value and is only aesthetic which appeal to the eye. Recently, Wal-Mart the famous U.S. store was held liable for violating the trade dress of the manufacturer of children clothes that had large collars and bold appliques for a particular range of goods. The court held that this was sufficient to distinguish the goods of the manufacturer. The fact that the manufacturer used a consistent design so that the goods were identified with him which resulted in brand loyalty weighed heavily in the minds of the court.
A Trade Name or a trading style, is what a person uses to indicate or identify his business ie. the name under which the person carries on business. The definition of a trade mark includes a “name”. Thus, the trade name, which one uses for ones business can also be used on or in relation to the goods manufactured or dealt with by the person. A person may use its trading name or part of it on goods. Examples of this are XEROX, GODREJ, DUNLOP, etc.
When a person manufacturers different products and uses the same mark on all the products manufactured or dealt with by the person, then such a mark is called a house mark. It is generally used in conjunction with another mark for the particular product. A house mark indicates that all such products emanate from the same source.