Non-Conventional Trademarks In Fashion: A Comparative Analysis
- IJLLR Journal
- Apr 25
- 2 min read
Maansi Ahuja & Anubhuti Sharma, LLM (IPR) at University School of Law and Legal Studies, GGSIPU, New Delhi
ABSTRACT
The expanding importance of non-traditional trademarks, which extend outside traditional logos and symbols to encompass colours, forms, sounds, fragrances, textures, and holograms, is examined in this paper. In industries like fashion and luxury goods, wherein product identification is strongly linked to unique aesthetically and sensory components, such markings have grown in importance. The overview draws attention to the various worldwide strategies used for trademark registration and protection, although an extensive description of trademarks is provided by global agreements such as TRIPS, national applications have been inconsistent due to the voluntary necessity for visual representation. By eliminating the need for pictorial depiction, streamlining the application procedure, and bringing it into line with contemporary marketing standards, the European Union has gradually increased the acknowledgement of non-conventional trademarks. The approach used in the United States is particularly adaptable, emphasising a mark's uniqueness and origin-identifying purpose over its aesthetic depiction. This has made it possible for unconventional trademarks, such as those with conceptual and sensory components, to benefit from wider protections. India's trademark law, on the other hand, still places a strong emphasis on graphical representation, restricting the use of trademarks that are fundamentally non-visual, like textures or fragrances. In order to facilitate the filing of non-traditional trademarks worldwide, the paper argues for the harmonisation of trademark laws. An increasingly comprehensive and useful trademark structure can be facilitated by standardised regulations, global collaboration, and wider treaty recognition, which will promote creativity and safeguard brand identification in ever-changing commercial conditions.
Keywords: Non-conventional trademarks, fashion, aesthetic depiction, visual representation, European Union, United States, India.
