Abstract
In the recent past the field of trademark has witnessed considerable changes and trends which have introduced certain millennium and innovative trademarks. It is important to know about these new millennium and generation next trademarks which brought up innovative trademarks such collective marks, sound marks, smell marks, certification trade mark, scent mark service mark, color mark, taste mark, well known trade mark and feel marks. The paper attempts to throw some light on the new millennium and generation next trademark and their status under the current fabric of law of trademarks.
Highlights
Law is dynamic and keeps changing constantly to feed the needs of the community at large
The adoption of the TRIPS agreement has brought in these new trends in the trademark fields with their relevance in the modern day business
Millennium trademarks and generation brands have seriously influenced the system of trademark law and practice
Summary
Law is dynamic and keeps changing constantly to feed the needs of the community at large. Changing perceptions in the field of trade and commerce, emergence of new modes and means of communication have brought into existence new generation of trademarks. The adoption of the TRIPS agreement has brought in these new trends in the trademark fields with their relevance in the modern day business. The TRIPS agreement has mandated recognition and protection to these new trends in the trademark fields. There is a requirement under the trademark law which states that the chosen mark should not essentially detail or describe the nature, content or characteristic features of the goods or services that it represents [2]. Applying the principle underling the descriptive trademark, fragrance which essentially makes out the product, its content and the function cannot be a valid trademark.
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