Protecting Non-Conventional Trademarks: Unwinding The Scope Of Colour, Smell And Sound Marks
Institute of Law, Nirma University, Gujarat
The registrability of non-conventional trademarks has been an imprecise area of IP law and is perceived with a cautious approach in India. This article shall, with the help of various case laws from the United States as well as the European Union, examine and discuss the existing limitations in registration of non-conventional trademarks, review the advantages and disadvantages of such registration of non-conventional trademarks, evaluate the method as to how such marks can fulfill the essential criteria of graphical representation and be presented on print journals; thereby leading the readers to the future prospects of non-conventional trademarks in India and giving an insight regarding how the usage of such unique type of marks is beneficial for the manufacturers, consumers, market and the economy, without compromising the object and purpose of Trade Marks Act, 1999 and Trade Marks Rules, 2017. The article largely focuses on color, smell and sound marks and is chapterized accordingly.