PAPER ID: IJIM/Vol. 8 (V) September 2023/48-55/10

AUTHOR: Dr. Meenakshi Dahiya

TITLE: NON-CONVENTIONAL TRADEMARKS AND ITS ISSUES RELATED TO REGISTRATION IN INDIA

ABSTRACT: The topic of intellectual property rights (IPR) has advanced significantly in recent years, especially with regard to trademarks. Different types of trademarks are recognized under the TRIPS agreement. India has also implemented significant legal reforms to bring its legislation into compliance with the TRIPS agreement. Particular types of non-conventional trademarks exist that are beyond the current national and international trademark regulations. In today’s commercial environment, unconventional trademarks are starting to carve out their own niche. This has to be registered and protected by any applicable legal regulations. The greatest barrier to the registration of non-conventional trademarks like sound, smell, and colour may be the need of graphical represent ablity because these cannot be meticulously documented in writing. Therefore, new approaches to trademark registration have to be pursued, especially considering that many countries’ laws now expressly or broadly recognise these kinds of markings as trademarks. As a result, this essay addresses non-conventional trademarks (namely, sound, smell, and colour marks) and critically analyses the issues surrounding their graphical representation and Indian registration process.

KEYWORDS: Non-conventional Trademarks, Graphical Representation, Smell Marks, Sound Marks, Color Marks.

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