PROTECTION OF NON-VISIBLE MARKS UNDER THE TRADE MARKS ACT, 1999: ISSUES AND CHALLENGES

Abstract

Traditionally, trademarks have been significant for establishing the brand identity in the ever expanding field of intellectual property. These marks have been mostly visual, like logos, symbols, or phrases that differentiate one entity’s products from those of other. However, with an increase in number of consumers and growth of market, a new category of trademarks, known as non-traditional trademarks, has evolved over a period of time. Recent trends, however, indicate that manufacturers are in the need of registration of the non-traditional marks. Non-conventional trade marks, emerging as one of the noticeable strategies of the twentieth century, can further be classified into visible and non-visible marks. This article delves into the fascinating realm of non-visible trademarks in India, examining the legal issues and challenges relating to the registration of such marks. The issues such as visual perception, graphical representations, distinctiveness, and functionality have been discussed in this article.