Rethinking Trademark Protection Beyond Visual Marks
- IJLLR Journal
- Jan 16
- 1 min read
Naina Kushwaha, Ph.D. Scholar, School of Law, GD Goenka University
ABSTRACT
Trademark law primarily protects signs that help consumers identify the source of goods and services. Traditionally, this protection has focused on visually perceptible marks such as words, logos, and symbols. However, contemporary branding practices increasingly rely on non-visual elements including sound, shape, scent, and motion to distinguish products and services in the marketplace. These developments raise important questions about the ability of existing trademark frameworks to accommodate forms of branding that do not operate primarily through visual perception.
This article examines the concept of non-traditional trademarks and analyses the challenges associated with their recognition under Indian trademark law. It highlights how statutory requirements relating to graphical representation, distinctiveness, and consumer perception create practical barriers for non- visual marks. While briefly referring to developments in other jurisdictions, the article focuses on the Indian legal position to demonstrate the continued dominance of visual standards in trademark registration and enforcement.
The article argues that a strict visual approach limits the adaptability of trademark law to evolving commercial practices. It suggests the need for a more flexible and functional approach to trademark protection that recognises the source-identifying role of non-visual marks while maintaining legal certainty.
Keywords: Non-Traditional Trademarks; Non-Visual Marks; Trademark Law; Graphical Representation; Indian Trademark Law
