UNCONVENTIONAL TRADEMARKS- AN OVERVIEW OF THEIR REGISTRABILITY UNDER THE INDIAN TRADE MARKS ACT, 1999 – Eshwars
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UNCONVENTIONAL TRADEMARKS- AN OVERVIEW OF THEIR REGISTRABILITY UNDER THE INDIAN TRADE MARKS ACT, 1999

A trademark is understood in common parlance as any word or words or a logo used in relation to any trade or business that is primarily intended to indicate source from which any goods or service offerings have originated. Trademarks also help such businesses and brand owners to differentiate their products and services from other persons and business owners.

However, over the years the concept of branding has constantly evolved owing to changing consumer choices and ease of availability of competitive products and services, which has led to brand owners innovating and infusing fresh thoughts in their branding to keep consumers engaged. This has consequentially also led to brand owners become very conscious about protection of their novel branding ideas to create exclusivity in their favour in respect of such trademarks. Brand and trademark owners have constantly tested the law relating to trademarks in seeking legal protection of these novel and unconventional trademarks and have over the years been successful in securing such protection. The trademark law has also evolved over the years to accommodate such brand and trademark protection strategies adopted by trademark proprietors.

The Trademarks Act, 1999 (the

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