NON-CONVENTIONAL TRADEMARKS IN INDIA AND ITS INFLUENCE ON BUSINESSES: A COMPARATIVE ANALYSIS
AUTHOR – SAMRUDH. P, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE
BEST CITATION – SAMRUDH. P, NON-CONVENTIONAL TRADEMARKS IN INDIA AND ITS INFLUENCE ON BUSINESSES: A COMPARATIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 275-282, APIS – 3920 – 0001 & ISSN – 2583-2344.
INTRODUCTION
A trademark is one of the various Intellectual Properties available. The purpose behind the existence of a Trademark is primarily to distinguish certain grades of products from other similar ones. This cuts down on consumer research costs and eradicates ambiguity amongst the masses regarding products. The quality promised by the trademark owner is preserved and can be relied on by the consumer during the purchase. A trademark primarily consists of graphically represented logos, words or short phrases that are unique to that certain product, making it distinguishable from the other competitors in the market. Some examples of a trademark include the logo of Apple, the colour purple of Cadbury, the bottle design of Coca-Cola, etc.[1] Although it is not restricted only to the graphically representable characteristic of a Trademark, predominantly the idea of a Trademark revolves around it. However, the ambit of a trademark keeps increasing as the fundamental agenda is to distinguish products and as far as this is achieved and regulated, the possibilities are endless.[2]
Apart from acting as an asset to businesses and establishments, it also benefits the consumers, which makes it a more attractive and lucrative investment. The types of trademarks are as follows: Word Marks, Device marks, Figurative Marks, Service marks, Collective Marks, Certification Marks, Well-Known marks, and non-conventional trademarks. For a trademark to be enforceable, it should be registered; Sec. 27 of the Trademarks Act, 1999 speaks about how there is no infringement with respect to any unregistered trademark. Nevertheless, common law remedies are still provided for the same. If registered, the value of the trademark increases as it achieves enforceability. Sec. 2(zb) of the Trademark Act, 1999 defines a trademark as a graphically depictable entity. However, restricting the applicability of a trademark only to a graphically representable one limits its perspective. The fundamental purpose of a trademark is satisfied even by a non-conventional trademark, yet the intricacies involved in registration, recognition, enforcement, applicability, and relief are abstruse
[1] Sana Singh, Trademark Law in India – Types of Trademarks, Registration Procedure and Acquired Distinctiveness of Generic Words, S&P (accessed on 18 Oct. 2023).
[2] Ibid.