Sunil Kumar S, LLM (Intellectual Property Rights and Trade Law), CHRIST Deemed to be University, Bangalore, Karnataka
ABSTRACT
Unconventional trademark, distinct from traditional word or logo-based marks, have gained prominence in the global intellectual property landscape. Unconventional trademarks are gaining ground in today's commercial world. This necessitates their registration and protection by a legal machinery. The requirement of graphical representability proves to be the greatest impediment in the way of getting such unconventional marks registered, for they cannot be put down in pen and paper form. This abstract explores the legal nuances surrounding unconventional trademarks in three key jurisdictions: India, the United States, and European union. The research is a comparative study on the position of unconventional trademarks in USA, EU and India. is concluded through this research that America has adopted a liberal approach towards the registration of these marks, as the requirement of graphical representation is not mandatory. In EU, it had limited protection to these marks until 2015, but after the Amendment of 2015, it has removed the requirement of graphical representation thereby, providing maximum protection to unconventional trademarks. India, on the other hand, is yet to take a similar approach. It is finally suggested through this research that the requirement of graphical representation should not be a sine qua non for registering unconventional trademarks in India.
Keywords: Unconventional Trademarks, Graphical Representation, USA, India, EU.
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