An Analysis of New Developments in Unconventional Trademarks

  • T. Saroja Devi
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  • T. Saroja Devi

    Assistant Professor at Vels University, Pallavaram, Chennai, India

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In today's developed new technology day-to-day life, product advertising has also changed. Creating a product depends on the customer's view of recognizing its mark. A number of techniques play a role in capturing the attention of the customer in product shapes, smell, sound, tastes, and textures. A non-conventional trademark helps to create recognition for a product or a brand. The study is about the various forms of non-conventional trademarks and their protection at the Indian, EU and international levels. The origin and historical view of non-conventional trademarks begin with the circulation of goods. Roman blacksmiths were the first to use identification marks on their swords. In order to distinguish the goods and services and to attract customers from other products by visible and non-visible signs, they are the design, logos, color combinations, words, motion, hologram, texture, 3D, taste, sound, and scent. The Trade and Merchandise Act, 1958, was the earliest law relating to trademarks in India and was replaced by the Trade and Mergers Act, 1999. The TRIPS Agreement helps to connect members of the World Trade Organization. It's very difficult to obtain registration for non-conventional trademarks, which vary from country to country depending on national legislation. Provided by the TRIPS Agreement through international treaties such as the Paris Convention, Madrid System, Trademark Law Treaty, Singapore Law Treaty, etc. In Indian legislation, non-conventional trademarks have no explicit provision. The basic prerequisites under Section 15 of the TRIPS are distinctiveness, visual perception, or graphical representation, giving valid guidelines for registration. According to EU legislation, legal protection can only be obtained through registration. CTM (community trademark) played a role in uniform registration in the European Union.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 375 - 383


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