Record Details

Registration of Non-Traditional Trademarks

NOPR - NISCAIR Online Periodicals Repository

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Field Value
 
Title Registration of Non-Traditional Trademarks
 
Creator Mishra, Neha
 
Subject Non-traditional trademark
Registration
Registrability
Graphical representation
Trademarks Registry Office
Distinctive trademark
Functional trademark
Secondary meaning
 
Description 43-50
The paper deals with the issue of registrability of various non-traditional trademarks. Non-traditional trademarks include sound marks, odour marks, colour marks, shapes and taste marks. The paper examines the question of registrability of different types of non-traditional trademarks in different jurisdictions like US and EU by referring to landmark cases and provisions in their respective legislations. Some of the interesting cases that have been discussed include the Harley-Davison case, Sieckmann case, Shield Mark case, etc. Presently, there is no law governing non-traditional trademarks exclusively, in India. In the light of European Court of Justice (ECJ) jurisprudence and the law evolved by US courts, the author has tried to draw a picture of the future of non-traditional trademarks in India and analysed whether it could be registered or not. Reference is made to the prevailing Trademarks Act in India and the Rules framed under it. The paper also identifies reasons why non-traditional trademarks especially in case of unconventional sound marks, taste marks, odour marks, etc. might not get adequate acceptability as registered trademarks in the Indian Trademarks Registry Office.
 
Date 2008-03-18T11:15:49Z
2008-03-18T11:15:49Z
2008-01
 
Type Article
 
Identifier 0971-5544
http://hdl.handle.net/123456789/407
 
Language en_US
 
Publisher CSIR
 
Source JIPR Vol.13(1) [January 2008]