ROLE OF GRAPHICAL REPRESENTATION IN TM REGIME IN INDIA
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Abstract
Recent years have witnessed a dynamic evolution in the jurisprudence of trademark (“TM”) protection laws on account of unprecedented technological progression which allowed producers across the globe to participate in “extreme branding” aimed at making the public at large recognize their product with the help of sound, packaging shape, colour and smell, among others aids. Such other aids, that are not restricted to two dimensional representations, constitute unconventional trademarks. Trademark laws, which earlier only took cognizance of words, symbols, letters, devices and colour combinations, now give similar treatment to unconventional TMs. The present note advocates the emergent need for amendment in the Trade Mark laws in India on the lines of the European Union (“EU”) laws as against the system prevalent in the United States of America (“US”)
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