Exploring Non-Conventional Trademarks: Challenges, Registrability, And Legal Implication

Rumpi Ghosh Alam, LLM, Christ (Deemed to be University), Bangalore

Dr. Shampa I Dev, Professor, School of Law, Christ (Deemed to be University), Bangalore.

ABSTRACT

Intellectual property rights (IPRs) are crucial for protecting the commercial interests of creators and innovators, with trademarks serving as key identifiers of products or services. Traditionally, trademarks encompass logos, symbols, and brand names, but non-conventional trademarks, such as scent marks, taste marks, sound marks, single color marks, and hologram marks, have emerged as branding tools. However, registering non- conventional trademarks presents challenges related to graphical representation, distinctiveness, and functionality. Graphical representation requirements, particularly in jurisdictions like India, pose obstacles for non- conventional trademarks like scent and sound marks, which may not be easily depicted visually. Additionally, demonstrating distinctiveness and navigating functionality concerns are essential for non-conventional trademark registration. Harmonizing domestic laws with international agreements, such as the TRIPS agreement, is crucial for facilitating the registration and protection of non-conventional trademarks. Despite these challenges, non-conventional trademarks offer opportunities for businesses to differentiate themselves and protect their brand identities. Clear guidelines and standards for graphical representation, distinctiveness, and functionality are needed to provide consistency across jurisdictions. A balanced approach is necessary to foster innovation and competition while safeguarding the unique characteristics and commercial value of non-conventional trademarks in the global marketplace.