NonTraditional Trademark and Its Applicability in India

Abstract

In the knowledge economy society, the value of trademark gets promoted and becomes newlinethe most important intangible asset of enterprises. The birth of new businesses, their newlinerapid expansion and diversification mandates new types and styles of protection to their newlineintellectual property. Innovative businesses being established by the younger generation newlineconsider traditional trademarks as passé and are resorting to registrations of unique newlinetrademarks like colour mark, motion mark, sound mark, scent mark et cetera which are newlinecertain types of Non- traditional Trademarks. The increasing demand has led to new newlineinternational treaties to be signed and accordingly, trademark legislations of various newlinecountries have been modified leading to gradual and significant change in the intellectual newlineproperty protection regime. newlineIn this thesis, by way of doctrinal research, the author shall dissect and identify various newlinefacets of Non-Traditional Trademarks which includes an in-depth analysis of the newlinestatutory obligation of graphical representation in order to attain the basic requirement newlineof registration of a non-traditional trademark across the world and its applicability in newlineIndia. This thesis further discusses the legislative embargos surrounding registration of newlinespecific non-traditional trademark(s) in United Kingdom, United States of America and newlineEuropean Union as against the statutory requirements in India. newlineIn addition to the comparative nature of research, the author attempts to decipher and newlineattain clarity to the existing Trademarks Act, 1999 in India by way of interpretation of newline newlinevarious judgments in tandem with the fulfilment of requirements for registration of non- newlineconventional trademarks in India. newline newlineAs businesses diversify, so do the kinds of trademarks that they acquire. Scent, colour, newlinemotion, and sound marks are all often employed and approved. International newlineorganizations and developed nations are attempting to broaden trademark protection as newlinenon-traditional trademarks grow in popularity. They want to see trademarks go from newlinebeing static to