India: Protection Of Non Conventional Trademarks | Author: Tanisha Ranjan | Volume II Issue IV |

Keywords: Non-Conventional Trademark, TRIPS and Trademark Act, 1999

                                                CONTENT

 CHAPTER I : PREFACE

INTRODUCTION

The technological revolution in the marketplace has persuaded companies and individual to produce a mark which is novel and experimental in nature; these strategies have brought a paradigm shift in the branding strategies and have brought revolution in technological sector of the company to aim for better and innovative ideas. Here is where the non-conventional trademark comes into play. Non-conventional trademarks are beyond the purview of traditional trademark which includes Smell Mark, Sound Mark, Taste Mark, Touch Mark, Motion Mark and Hologram Mark have developed as the most contemporary issue of the advanced trademark system. Allowing of such trademarks is bit by bit picking up acknowledgment in different nations. India’s Trademark Regime still accentuates on the need of a trademark being fit for graphical portrayal. Be that as it may, shows and arrangements in the past have been held where graphical portrayal of a trademark has not been viewed as a need in conceding enrolment to it. The term non-conventional trademark or non-traditional trademark has not been specifically mentioned in the trademark act 1999 but has been recognized in the act under the definition of mark[1]. Also the trademark rules lays down procedure for the registration of various non-conventional trademarks.

Section 2, Article 15, Clause 1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights 3 (TRIPS) defines trademark as, “Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark”. It further states that Members may require, as a condition of registration, signs to be visually perceptible. Article 1 of the trips agreement states that Members are not obliged to implement in their law more extensive protection than is required in the aforesaid agreement[2]. This means that the Member States may or may not require Trademark to be visually perceptible or capable of graphical representation. The only necessary condition is that the given sign shall be capable of distinguishing the goods or services of one undertaking from those of other undertakings. This is because the primary function of a trademark is to distinguish the goods or services of one undertaking from those of other undertakings, whether a mark is visually perceptible or not doesn’t matters. Thus all the member countries of WTO were bound to comply with the trips agreement. As the result of which the need of replacement of trademark and merchandise act with trademark act 1999 was felt, which included non-conventional trademark as recognized in trips agreement. Thus under the new act the mark is defined as “any combination of: devices; brands;headings and labels;tickets;names and signatures;words, letters and numerals;colour combinations; andthe shapes of goods or their packaging”[3]

However, one of the key necessities is that the shape, shading or sound concerned has been utilized as a trademark; it is inadequate to guarantee rights dependent on proof of general publicizing containing photos of the item and shopper acknowledgment of the related word mark. General proof of promoting use which could similarly identify with the candidate’s pledge imprint will be dismissed. The proof should explicitly exhibit that the important open trusts the concerned sound, shading or shape to show business beginning, even without a related word mark. Along these lines, effective enrolments depend on solid proof of gained uniqueness which implies that the subject imprint can remain solitary as a trademark. Gradually yet consistently, the law making body and legal executive perceive the criticalness of non-conventional trademarks. The future appears to be encouraging for non-customary imprints.

REVIEW OF LITERATURE

1. India: A shift in protection of non-traditional trademarks- (RanjanNarula and RachnaBakhr) – Under this article the author has talked about India’s compliance which the TRIPS agreement resulting in the replacement of the Trade and Merchandise Marks Act 1958 with The Trademarks Act Also discussed how The Ministry of Commerce Department of Industrial Policy and Promotion is endeavouring to revise the Trademarks Act and its implementing rules to promote the protection of non-traditional marks, by providing the procedures for the registration of various non-conventional trademarks under Trademark Rule 2017. The author has further discussed the various cases related to colour, sound and shape trademarks. This article is beautifully structured from history to present scenario of the traditional trademark.

2. Non-Conventional Trade Mark: A Legal Analysis (by kritarthpandey) – This article dealt with the TRIPS agreement, specially mentioning Article 15 and Article 1 of the TRIPS, which talks about non-conventional trademarks.

3. India: Non-Conventional Trademarks In India (by ShristiBansal)- It is very small article not more than 500 words where the author has just defined trademark and mark as given under Trademark Act 1999 and what a non- conventional Trademark means. Also have mentioned the reason as to how the non-conventional trademarks came into play.

4. India: Shape Of a Bottle under Trademark Scanner (byKamakhyaSrivastava)– In this article the author has discussed what is shape of bottle means and how it forms an intrinsic part of the goodwill and reputation, with reference to various landmark judgments. Example, Gorbatschow Vodka KG v. John Distillers Limited, Kemp and Company vs. Prima Plastics Ltd etc.

5. The evolution of law on shape trademark in India- Under this article the author has discussed the evolution of shape trademark. Also the author has talked about the clash between shape trademark and the Design Act, through various case laws in both the

6. India: Trade Dress: Concept and Indian Practice (by RiturajShrivastva) – Under this article the author has defined what a trade dress is and what are its objectives and its essentials.

7. Trade Dress: Everything You Need to Know– This article talk about the definition of trade dress its infringement, functionality, distinctiveness, importance, registration and its examples. The author also talked about the trade dress and design patents. The author has further mentioned the common mistakes related to trade dress.

8. Trade dress in Indian Law on trademarks- This is a small articles deals with the definition of trade dress with reference to various Indian case laws.

9. Motion trademark- It is a very small article consisting of hardly 200 words. It has just defined what a motion trademark means.

10. Registration of Motion Mark as Trademark (by Archi) – The article starts with the author’s description, who is a law graduate working on law firm in Delhi. She has discussed how the mark has become a pivotal tool to signify a company’s identity, with the globalisation and trans border trade. The companies understand the importance of the internet and social media hence more, and more companies are sprucing up their logo with animation and visual effects. The author has further discussed Indian laws on motion trademark and rational behind and procedure for its registration. The author has concluded the article stating “that motion mark is opening up new doors for business. Even though companies have been interacting with their customers using animations for a long time, but the protection of animation can now be protected under Indian Trademark law in the form of a motion mark. Motion mark as a trademark is rarely registered as they have just gained importance with technological advancement in this arena.”

11. Motion Trademark as an element of brand promotion- This articles talks about a motion mark may be an animation created using a computer program or some other moving object which exists in the real world. Also the criteria required for the registration of motion trademark, with special reference to European Union. The author has also mentioned the difficulties which are faced for the registration of motion trademark. The author has further given few examples of registered motion trademark.

12. Registering Sound Marks in India- Trade Mark Rules 2017(by SurbhiPandey)- Under his article the author has talked about the digitalization of registration of sound mark after introduction of Trademark Rule 2017, on 6^th March 2017. And has also mentioned various requirements which has to be fulfilled in order to get a sound trademark registered. The author has concluded the article by giving various example of registered sound trademark in Indian stating Yahoo and ICICI to be the first entities to get the sound trademark in India. 

STATEMENT OF PROBLEM

Currently in India the registrations of non-conventional trademark are done but still they face lots of problems. The first problem is distinctiveness criterion especially in case of smell and taste marks, perception about the mark may vary giving rise to confusion among the customers. The second problem is graphically representing ability, especially in case of smell, taste and sound trademarks.

OBJECTIVE OF STUDY

• To know about the history, evolution and development of Non- Conventional Trademark.

• To know the procedure of protection of Non- Conventional Trademark in India.

• To get the solutions for the graphical representation of the various Non-Conventional Trademarks by studying the procedure of its registration in different countries.

RESEARCH METHODOLOGY

Doctrinal form of research method has been followed in doing this research. The researcher has gone through several national and international legal provisions relating to Non-Conventional Trademark and the research design used is analytical form of research as analysis has been done by the researcher and he has gone through several agreements, research papers and articles relating to the matter.

CHAPTER 2: PROCEDURE FOR THE REGISTRATION OF NON-CONVENTIONAL TRADEMARKS, TYPES, ISSUES AND CASE LAWS

1. EVOLUTION

The extension of the space of non-conventional trademark has been debated for more than 100 years. The standing committee on the Law of Trademark, industrial designs and geographical indication (SCT) (a permanent committee responsible for studying trademark, design and geographical indications) that was established by World Intellectual Property Organisation, upon its scrutiny of non-conventional trademark allocated into visual trademark and non-visual trademarks. As illustrations of visual trademark there are three dimensional marks, colour mark, holograms, slogans, titles etc. in concerns to non-visual trademark, the marks like sound mark, smell mark, taste mark and texture marks falls within this concept. Further in 1956 in understanding of the congress of Washington to discourse the reconsideration of the Paris convention, the AIPPI concluded that it was unfortunate under the positions of the time to familiarize a general definition of trademark in union convention. This was the first time the topic was discussed, as the topic was on the agenda at the Vienna meeting, 1952 and Brussels, 1954. Later the deduction of the agreement on TRIPS in 1994 sanctioned the beginning of a global progression in trademark rights. The characterization provided by Art. 15 (1) of TRIPS agreement is wide with respect to nature of signs that can institute trademark at first, since the definition provided us functional, based on the distinctiveness function of trademarks. Art. 15 too offers a non-exhaustive list of what can be considered trademark namely sign in particular word including letters, figurative elements and combination of colours as well as combination of such signs. Considering the functional definition of TRIPS, non-traditional trademarks should be protected as long as they are used as a trademark and have any distinctive character. Granting the expansion of the security of non-traditional has been stirring more intensively in the past two decades, the negotiations regarding the possibility of what can be deliberated trademark is at least centenary. There have been unswerving scholastic works from the 19^th century in Europe debating if three dimensional shapes and single colour should be protected as trademarks. The decision of court in both Europe and USA from early 20 century over the possibility of protecting signs such as the colour red for ropes etc. In one assembly to the argument on TRIPS agreement, Bolivia projected the following keys vis-à-vis the non-conventional trademarks. It was projected that : sound, smell , shapes etc. are  capable of being represented graphically and therefore, should be eligible for registration as long as .they have distinctive character. Nevertheless currently the registrations of non-conventional trademark are done but still they face lots of problems. The first problem is distinctiveness criterion especially in case of smell and taste marks, perception about the mark may vary giving rise to confusion among the customers. The second problem is graphically representing ability, especially in case of smell, taste and sound trademarks.

2. TRADE DRESS

The origin of trade dress can be traced from USA. Back then the overall packaging of containers, wrappers and labels included under trade dress. Presently, the shape and sign are also included under the definition of the trade dress[4]. E.g. the packaging of Mc Donald burger. Trade dress refers to aesthetic elements that provide legal protection for a brand’s identity. For example, Coca-Cola bottle shape is a part of its trade dress Even the theme of a restaurant may be considered a trade dress. The Indian law does not have a separate provision for the trade dress under its existing Trade mark legislation unlike the US law which recognizes the concept trade dress under Section 43(a) of the Lanham Act[5]. The newly amended Trademark Act 2003 which is largely based on English trademark act, 1994 incorporates trade dress on the lines of Lanham Act. The amended Act of 1999 recognizes trade dress through the new definition of Trade mark also consists of the shape of goods, packaging or combination of colours or any combination thereof. Broadly speaking, Section 2 of the Trade Marks Act, 1999. E.g. in class11, protection is given to a particular shape of a barbeque; class30 recognizes the triangular shape applied to a chocolate[6]. The Act defines package to include any case, box, container, vessel, casket, bottle, wrapper, label, brand, ticket, frame, capsule, cap, lid, stopper and cork. Thus with the registration of trade dress the scope of trademark has been broadened.[7]

For the registration of trade dress it should be distinctive and should be capable of graphically representation as stated under the definition of trademark in Trademark Act 1999. Hence we can say that the trade dress includes colour mark and shape mark.

2.1              COLOUR MARK

Practically it is difficult to imagine how a colour can be registered as a trademark. We see colour everywhere. The question of distinctiveness arises here. The right to use colour as a trade mark has been secured by the Trademark Act 1999. The Trademark Rule 2017, Rule 26(2) has broadened the scope for the registration of colour mark by providing the process of its registration under Rule 26[8]. It is to note that the mark defined under the Trademark Act 1999 includes only combination of colour. Therefore the registration of single colour is questionable. In the various judgments given by the Indian courts, it is viewed that though the act has mentioned only the combination of colours but has nowhere mentioned that single colour cannot be mentioned. Thus the courts interpreting the act say that the single colour can also be registered under the act.

Colour Theory: whether a colour is capable of registration is decided on the basis of Colour Depletion Theory. This theory is based on two facts. Firstly, that there are only limited numbers of colours and if the registration is given to those colours then the available stock will decrease resulting in anti-competitiveness. And secondly, if a colour alone was protectable, trademark infringement suits would lead to lengthy litigations over ‘shades’ of colour which would slow down the trademark registration process. Thus this theory bars the registration of seven basic colours and not its combination or its shades.

Registration: Distinctiveness and graphical representation are the two main essentials for the registration of colour mark. This colour should be distinctive from that of other product. If the applicant decides to claim a trademark protection for a particular colour, he will be required to submit evidence to show that the said colour combination or colour that has been claimed is solely associated with the Applicant or exclusively designates their goods. So it will be helpful if the applicant could show that the particular colour is associated with the Applicant and his goods and/or services. In case where the colour mark is not inherently distinctive the brand owner can still apply for its registration, contending that the colour mark has acquired distinctiveness due to its use for a long time, and has created a picture in the mind of customers that the colour belongs to his brand. For example, when we talk about the colour pink the first thing which comes to our mind is the pink colour vanish bottle. This pink colour has adopted in the mind of customers that it belongs to vanish and here is capable of being registered.

• SHAPE MARK

The definition of “mark” under the Indian Trade Marks Act, 1999, includes the shape of goods. However, the scope of protection of shape marks is unclear, as statutory protection for shapes of goods was introduced in 2003. For the shape of a product to be considered a trademark, it must have acquired secondary meaning both conceptually and functionally. The Trademarks Act prohibits registration of a shape which: results from the nature of the product itself; is necessary to obtain a technical result or its functionality; or gives substantial value to the goods. For the shape of a product to be considered a trademark, it must have acquired secondary meaning both conceptually and functionally[9]. The Trademarks Registry Revised Draft Manual outlines the evidence required and other information that may facilitate the application, including: the applicant’s market share under the subject mark; the intensity and geographical extent of use of the mark; the investment in promoting the mark; evidence of consumer recognition of the sign as a mark; and evidence from the trade that the sign is considered to function as a mark.[10]

Under Rule 26(4) of the Trademark Rule 2017,  the person claiming for the registration of the shape mark have to submit the pictorial representation of the 5 different views of claimed shape mark and its description in writings to the registrar. If the registrar is not satisfied he can further call the application to produce the sample of the claimed mark before him. 

CASES OF TRADE DRESS

• InColgate Palmolive Company v Anchor Health and Beauty Care Pvt Ltd–It is the first case on the passing off of a product by using same trade dress. The court decided that a shading mix was a ‘trademark’ under the demonstration, as the demonstrations definition incorporates no prohibition and even a solitary shading is qualified for security under the law of going off. This debate concerned the litigant’s red and white shading blend for dental items, which was like the shading mix of 33% red and 66% white on the offended party’s item holder.[11]

• In Deere and Co v S Harcharan– Where John Deere files an action to secure its yellow and green hues; the Delhi High Court announced the word mark JOHN DEERE, the jumping deer logo and the organization’s green-and-yellow shading imprint to be notable trademarks. In Deere, John Deere got mindful of the assembling and closeout of homestead gear crosswise over India under the exchanging name and imprint SURINDERA, which looked somewhat like John Deere’s items and fused its notable logo and shading mix. Surindera’s green and yellow shading mix was fundamentally the same as John Deere’s – the body of the vehicle had been painted green with the haggles seat painted yellow.[12]

• In GorbatschowWodka KG v John Distilleries Limited- the Mumbai High Court prohibited the defendant from using a bottle shape that was identical or deceptively similar to that used by the plaintiff. The court specifically stated that the shape of goods or their packaging is capable of trademark registration.[13]

• In Zippo Manufacturing Company v Anil Moolchandani- The plaintiff sold lighters bearing the imprint ZIPPO and held the rights to the imprint identifying with the 3D state of its lighters. The respondent sold fake Zippo lighters, mimicking the offended party’s item. The court denied the respondent from selling lighters under the ZIPPO mark and with a 3D shape that was indistinguishable or like that of the offended party’s lighter. In this way, a declaration for perpetual order was passed denying the litigant from selling, circulating or advertising lighters under the ZIPPO mark or with a 3D shape that was indistinguishable or like that of a Zippo lighter, as delineated on its enrolments authentication.[14]

3. MOTION MARK

In order to fascinate the costumers the corporations are demanding various inventive marketing strategies including the moving logos. These moving logos produced with the help of animation and through various computer programs and also by using various moving objects which are related with the companies are the examples of motion mark. Moving cinematography, logos, motion pictures, video clips, film clips, documentary clips are also registered as motion marks in few countries just like registration of any traditional trademark, motion mark also should have capable of graphically represented in paper[15]. The most critical aspect while representing motion mark the companies should take extra care of the movement occurring in the mark should be represented in the sequence.

 It’s been quite difficult to register motion mark under the Indian trademark due to its incapability of being graphically represented, which must be clear, precise, self-contained, easily accessible, intelligible, durable and objective. It is to note that it is difficult to represent the motion mark in its pure form rather it will have to be represented as a combination of marks, example sound and movement are to be presented together, like in the case of Sony Ericsson and Nokia[16].

There is no uncertainty that trademark applications for movement marks are expanding everywhere throughout the world and furthermore in Indian trademark law. For a long time India didn’t consider movement mark applications, however this was changed with the distribution of trademark manual. The advantages of enrolling movement mark in this innovative request are critical. The impediments of a static trademark are that it just ensures single picture though movement trademark would protect a few pictures incorporated into the movements. This strategy interminably widens the ambit of assurance and drastically expands the estimation of the brand related with the trademark.[17]

4. SOUND MARK

A sound mark is a non-conventional trademark which performs the function of uniquely identifying the commercial origin of products or services. The new trademark mark rule 2017 has eased the process of registration of sound mark in India by digitizing the process of its representation. Previously the sound mark was graphically represented by spelling each and every tune of the sound. This was very impractical as same tune might have more than two spellings[18]. Rule 26(5) of the Trademark rule requires the sound to be submitted in an MP3 format not exceeding 30 second length and graphical representation of the sound notations with TM-A form[19]. This new amendment has generated the lost interest of the applicant resulting in registration of more sound mark in India. Factual distinctiveness is the other essential factor for the registration of sound mark. Here ‘Factual Distinctiveness’ means the immediate recall value of sound with the product/service, i.e., the consumers should be able to distinguish the sound mark of a particular brand from that of other as soon as he hears the sound mark. Yahoo was awarded as the first sound mark in India in 2008, to Yahoo Inc. It had a human voice yodelling Yahoo. ICICI Bank was the first Indian entity to obtain sound mark registration. Other example of registered trademark in India are, DhinChikDhinChik), Britannia Industries (Four note bell sound), Cisco – (Tune heard on logging in to the conferencing service Web Ex), Edgar Rice Burroughs – (Tarzan Yell by its toy action figure), Nokia – (Guitar notes on switching on the device) etc[20].

5. SMELL MARK

With the assistance of scent of any item, the same has been recognized since long. Yet the odor or smell itself didn’t get a security, or even acknowledgment, as a trademark until later past. It has been discovered that the sense of smell is not only the most fundamental out of the five senses, but also greatly contributes in the daily actions than are realized. It has been evidenced by recent research that even though people interact with the world through sights and sounds but at the same time reaction is given both at the conscious and subconscious level to odors as well. An individual’s sense of smell results from stimulation of the olfactory glands, at the top of the sinus cavity, which directly trigger the olfactory bulbs in the limbic system of the brain. While odors may evoke a conscious evaluation ninth cerebrum, this is not required. The olfactory gland scan and do directly trigger both memory and emotional responses. This is in sharp differentiation to the next four senses as they all invigorate region of the cerebrum, and require a conscious assessment to deliver a response. Thus, the feeling of smell has an extremely special and private control over what one does and how one lives. It can likewise be comprehended from the way that emotions, either constructive or contrary, about individuals, places and things, may well be dictated by how they smell, and this seems, by all accounts, to be so regardless of whether there is awareness of their odor[21]. The basic and inescapable role of scent in a large number of the today’s products features the capacity of an item’s odor, not only to sell but also to recognize and differentiate[22]. This recognizing diverse product is likewise the fundamental objective of trademark which is to be secured. Numerous jurists have that the most essential purpose of a contemporary trademark is to separate an item from others in the commercial market place.

 Smell being the most powerful type of human reminiscence and thus is difficult graphically represents it. This is the main reason of less no of registrations of smell mark worldwide. Various techniques have been adopted to overcome this difficulty of being graphically represented. Like, for a long period of time they were represented verbally.[23] But this verbal representation couldn’t provide full proof of identifying and distinguishing one smell or scent from another as it was subjective in nature. Smell is related to human sense thus can differ from men to men. Later the smell was graphically represented in the form of its chemical formulas. To this the European Court of Justice commenting on this said that the smell is not always same as that of its chemical formula and that only few people would be able to get a sense of the smell based on its chemical formula. . Further, a sample of the scent provided as evidence of the scent in question may degenerate over a period of time as the chemical composition may deteriorate.[24]

India being new with the concept of non-conventional trademark is still at the stage of infant with respect to smell mark and trying to overcome with this difficulty of graphical representation. Till date there is zero smell mark registration done in India but there are few smell mark which has been registered in other countries, such as, as a Dutch company’s tennis balls with the scent of newly mown grass,8 and United Kingdom registrations for tires with “a floral fragrance/smell reminiscent of roses”9 and darts with “the strong smell of bitter beer.”, trademark in the US is of a “vanilla” scent or fragrance when applied to office supplies etc.

6. TASTE MARK

Taste mark suffers the same difficulty as that of smell mark. Taste is a human sense which differs from person to person. Thus its graphical representation is equally difficult as that of smell mark. But still some jurisdictions have accepted taste marks for registration, by explaining the taste. Which is again subject and not an exact proof of a taste, as the taste what others mind identifies might not be same what my mind has identified. In assessing the registrability of this type of sign, principles similar to those concerning odours may apply and it could be argued that taste marks may only be applied to goods and not to service.One of the obstacles to registering these marks is how to describe a scent or taste. Another difficulty is whether the scent or taste is “functional.”[25]

7. TOUCH MARK

Touch is one among the different sense stamps and has its quality and claim in the business domain, yet it shows up as a trademark. These marks are otherwise called touch marks or surface mark which essentially gives the sense to the client with reference to its subsistence and the products or administrations it is for. The touch mark ought to be unmistakable to the clients; for example it must not be only an eye-getting or decorative component. It must be more distant than adornment and bundling of the merchandise or administrations that it is exhibiting and should have the trait of a standard trademark. Notwithstanding, touch marks which light the touch feeling of individuals are not being guaranteed as habitually when contrasted with other non-traditional trademark and thusly touch marks stay as less celebrated or less asserted stamps in the part of non-conventional trademarks

CHAPTER III

CONCLUSION

The non-conventional trademark by all means has attracted the customer’s attention. But this innovative method is just in its infant stage due to its issue in getting the registration in India, mostly the non-visual trademarks like smell, touch, sound etc. As of now there has not been a single registration of smell, touch and taste mark registered in India. These marks face the problem of being graphically representation. with my research on the topic I came to the conclusion and suggestion that the issueof  registration of non-visual mark must be dealt in different way as compared to visual non-conventional trademarks and the traditional trademark as mentioned in sec 2 (zb) of Trademark Act, 1999.Looking uponArt. 15 of the TRIPS agreement which states that a trademark is the one which is capable of distinguishing one goods from that of other and has nowhere mentioned the necessity of being graphically represented. Thus in my view the non-visualnon-conventional trademark should be dealt in the same way as mentioned in the Art. 15 of the TRIPS agreement, where the only essential condition for its registration isdistinctiveness

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•  

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[9]Ajay AmitabSuman,Evolution Of Law On Shape Trademark In India,https://www.lawyersclubindia.com/articles/The-Evolution-of-Law-on-SHAPE-Trademark-in-India–8950.asp

[10]Kamakhya Srivastava,India: Shape Of A Bottle Under Trademark Scanner,lexorbis(15/03/2020),www.mondaq.com/india/x/207288/Trademark/Shape+Of+A+Bottle+Under+Trademark+Scanerner

[11]Colgate Palmolive Company  vs Anchor Health And Beauty Care Pvt. … on 29 October, 2003 2003 VIIIAD Delhi 228, 108 (2003) DLT 51, 2003 (27) PTC 478 Del, 2004 (1) RAJ 214

[12]Mathews P. George,deere& co. &anr. v. s. harcharansingh& ANR (15/03/2020), https://spicyip.com/2015/01/deere-co-anr-v-s-harcharan-singh-anr.html

[13]GorbatschowWodka KG v John Distilleries Limited,2011(47) PTC100(BOM)

[14]Zippo Manufacturing Company v Anil Moolchandani,2011(48) PTC271(Del): 185(2011) DLT51:2011XAD(Delhi)661

[15]Archi, Registration of Motion Mark as Trademark,https://blog.ipleaders.in/motion-mark-as-trademark/

[16] KL and GaesIp Law watch,Motion Trademarks As An Element Of Brand Promotion, https://www.iplawwatch.com/2016/10/motion-trademarks-as-an-element-of-brand-promotion/

[17] Cheryl M. Friedman,Trademark Protection of Motion Pictures, Merchandising Items, and Television Programs in the Republic of China, pg-37, 38, Loyola of Los Angeles International andComparativeLawReview,https://digitalcommons.lmu.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1207&context=ilr

[18]SurbhiPandey,Registering Sound Marks in India- Trade Mark Rules 201,Intepat (15/03/2020),https://www.intepat.com/blog/trademark/registering-sound-marks-india/

[19] Trademark Rule 2017

[20]Sound Trademark in India,IndiaFilings,https://www.indiafilings.com/learn/sound-trademark-in-india/

[21] Supra note 1 

[22] 9Ibid

[23]SenthilKumar,India: Smell Marks: The New Rage InTrademarks,Intepat IP Services Pvt Ltd (15/03/2020),www.mondaq.com/india/x/530772/Trademark/Smell+Marks+The+New+Rage+in+Trademarks

[24]TanusreeRoy,Registrability Of Smell Mark As Trademark: A Critical Analysis,jcil.lsyndicate.com/wp-content/uploads/2018/04/Registrability-of-Smell-Mark-as-Trademark-final-Tanushree-Roy-9.pdf

[25] Smell, Sound and Taste – Getting a Sense of Non-Traditional Marks,WIPO Magazine(15/03/2020), https://www.wipo.int/wipo_magazine/en/2009/01/article_0003.html