Reassessing the Graphical Representation Requirement under Indian Trademark Law: A TRIPS-Compliant Approach to Non-Conventional Marks
Lead author · Corresponding
Dr. Chandrika
Assistant Professor at Himachal Pradesh National Law University, India
Abstract
To summarize, this investigation has outlined the advantages and disadvantages that the deletion of the graphic depiction requirement has generated and emphasized the requirement to adapt to evolving trademark practices, while still offering adequate protection resulting from newly developed types of trademarks. The paper majorly highlights the limitations of Indian trademark law, assesses the standard of "capable of graphical representation" for trademark registration under the Indian Trade Marks Act, 1999., and. It is also crucial to investigate the need to amend the Indian Trade Marks Act, 1996 to provide for the protection of Non-Conventional Trade Marks and bring out recommendations for legislative and judicial reforms relating to it.
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