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Protection Of Non-Conventional Trademarks: An Analysis




Kriti Krishna, Christ (Deemed to be University)

ABSTRACT

A trademark is a form of intellectual property that serves to identify and distinguish the goods or services of one company from those of another. Traditionally, trademarks have been in the form of words, phrases, logos, or symbols. However, in recent years, there has been an increase in the use of non-conventional trademarks, also known as non-traditional trademarks. These are marks that are not in traditional forms and can include sounds, smells, tastes, textures, and even colors.

The use of non-conventional trademarks has grown in popularity as companies look for unique ways to differentiate themselves from their competitors. These types of marks can be more difficult to register and enforce than traditional trademarks, as they often require additional evidence and documentation to demonstrate their distinctiveness and use in commerce. There is an issue related to the non-availability of any uniform standard for the protection of these non-conventional marks. This paper therefore discusses about the importance, issues, graphical representation of nonconventional mark, and the need for protection for such non- conventional marks in the recent era.

Keywords: Trademark, Non-conventional, Sound Mark, Smell mark, Graphical representation

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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