Non-conventional Trademarks

Non-conventional Trademarks - I

Step by step the international market is growing, customers are increasing and new kinds of trademark are coming into existence. Conventional trademarks are the mark which are being graphically represented, which can be heard, seen or read can only be considered as the trademark. However, with the initiation of new technologies, business development and advancement certain special characteristic have been emerged such as taste, smell, aura and sound. Such as the Maggie™ consist its special taste, then a thought comes in mind that why it can’t be use as the trademark. In similar way why the aura can’t be use as the trademark.

Some kinds of non-conventional trademark are:

1.       colour trademarks,

2.       motion trademarks,

3.       hologram trademarks,

4.       shape trademarks (also known as three-dimensional trademarks or 3D trademarks), and

5.       sound trademarks (also known as aural trademarks)

6.       smell trademarks (through olfactory signs)

Due to the requirement of the business and trade the non-conventional trademark are growing rapidly. However, as per the definition of the Trademark given under the trademark act, such non-conventional trademarks are not capable of being registered. As they are not capable of being represented graphically.