Umang Sharma, LLM, MDU (CPAS)
ABSTRACT
The Intellectual Property Rights (IPR) are the rights given to a person for their creativity. These are intangible in nature. IPR deals with matter related to Trademark, Patent laws, Copyright, Geographical Indications, and Trade Secret. The need for the IPR was felt with the increase of growth in the industries and innovations. Thus to protect the right of the rightful owner and true inventor the IPR was introduced.
The main purpose of getting a Trademark registered is so that the rights of the owner of such Mark is secured from being misused or infringed. The Trade Mark Act basically deals with the functions of Trademark, that can be registered as a mark and what cannot be, the conditions for registration of Trademark, the procedure for such registration, what happens in the case of infringement, passing off. The Intellectual Property Appellate Board was established to deal with such matters and are empowered for the same. The Trademark Act defines Jurisdiction. It provides procedure to be followed, penalties to be given and remedies.
The present paper seeks to analyze key part of the Trademark Act, 1999 which is Non-Conventional Mark. There are two types of marks one is conventional or also known as traditional mark and the other is Non- Conventional or also known as Non-Traditional mark. The Non- Conventional marks are not defined under any section of the Act. The paper further throws light on the History of Trademark, about the types of “Non- Conventional Mark” and then focuses on the “Colour Mark” and its registration. A Comparative study between India and USA for the registration of Colour mark is also included. The present paper also analyses the role played by the judiciary in interpreting and shaping the laws with respect to the registration of Single colour and combination of colours with the help of few case laws.
Keywords: Non-Conventional Trademark, Single Colour, Christian Louboutin, WTO, Trademark Act 1999, Order XII Rule 6 CPC etc.
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