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The Concept Of Non-Conventional Trademarks

Jun 23
2 min read



Ms. Kritika Kakkar, Research Scholar, Baba Mastnath University


INTRODUCTION


Trademark plays a significant role in company’s daily operations and trade by identifying the products and services along with its origin. It gives the face to the brand name along with a personality and image to portray to the general public at large. As the business and trade is rapidly expanding in this globalization era, there is a need to have a paradigm shift from the traditional logos and symbols to the non-conventional marks as their trademarks. As trade and the concept of market is expanding at a faster pace, the innovation should also go a a level beyond. The idea of trademarks from the typical ones to the non-conventional ones is one such measure. The history of trademark has always seen signs, logos and symbols as its face but now the shift needs to take place to take innovation to another level.


To survive in the market for a longer run, businesses are rapidly increasing their inventive and imaginative mechanisms to identify a product and differentiate their products. Adding a distinctive odour to a product, a touch which is distinctive from the others, a different packaging of a product, a shape which could be a multi-dimensional one , a moving image, a sound which is distinctive from the other existing companies, or a specific colour or a colour combination as a trademark was initiated in the course in order to draw attention of the modern and quirky customers.


For example, Coca Cola Bottle’s shape, the purple packaging of the widely popular Cadbury chocolate and Britannia biscuit with a four-string musical note. Such marks are not the traditional marks but are covered under the category of Non-Traditional or Non-Conventional Marks wherein they are trying the steal the attention of the public with a catchy note.


"The paradigm shift which has happened over the years is to become a distinctive brand to be remembered by the public at large for a longer period of time and be distinct is such a manner that it looks appealing to the sense organs of the human beings.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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