Graphical Representation: The Biggest Hurdle In Registration Of Non-Conventional Trademarks – A Critical Analysis
- IJLLR Journal
- 7 days ago
- 1 min read
Shubham Yadav, KIIT School of Law, KIIT University, Bhubaneswar
ABSTRACT
This paper critically examines the problem of graphical representation as the key hindrance in the registration of unconventional trademarks like sound, scent, flavour, touch, movement, and hologram. The research delves into the legal provisions in India and across the globe (particularly in the EU and US) on requirements for trademark registration, with specific focus on the graphical representation requirement. By way of doctrinal studies and case law examination, the paper brings to light the progressive jurisprudence and legislative changes that are incrementally paving the way for greater trademark acceptability. The study ends with a conclusion that although conventional ideas about graphical representation are slowly being embraced or abandoned in certain jurisdictions, the Indian system continues to fall behind in easing the registration of non-conventional marks. The paper suggests keeping Indian law in line with TRIPS commitments and global best practices through the adoption of technology-compliant methods of representation.
