Because of their unusual nature, they are comparatively difficult to register, however, if the unique trade mark has been associated with the brand and is a product of original creativity, there are higher chances for it to be accepted by the Registry. Unique concepts of shape, smell, fluid, motion, and colour come into the picture. ![]() Trade marks that are different from the usual trade marks, namely, logos, words, phrases, and symbols are unconventional trade marks. The 1999 Act on trade marks does not have provisions for unconventional trade marks, however, the Trade Marks Rules, 2017 has been a welcome move for the same. Moreover, the Trade Marks Rules, 2017 5 was a welcome change to the range of trade marks that could be registered. India complies with T RIPS (Trade-Related Aspects of Intellectual Property Rights), the international legal agreement between all the members of the World Trade Organisation (WTO). The Amendment in 2010 4 enabled the country to be a part of the Madrid Protocol. The Trade Marks Act, 1940 2, the first statutory law on trade marks in the country, was replaced by the Trade and Merchandise Marks Act, 1958 3, to the current Trade Marks Act, 1999. In India, trade marks come under the Trade Marks Act, 1999 1. Ever wondered how Yahoo’s yodel sound or even the colour combination of Colgate toothpaste has been trademarked in India? That is the beauty of unconventional trade marks. ![]() ![]() With dynamic technology and ideas, come unconventional and unique concepts. Trade marks, a part of intellectual property, can be an insignia, phrase, word, or symbol that gives a specific brand its own identity and facilitates the public at large to differentiate it from other products of its competitors. In ancient India, as long as 3000 years ago, craftsmen would engrave their signatures on their artistic creations before sending them to Iran. An interesting aspect of history first introducing the concept of trade marks records back to the blacksmiths of the Roman Empire making swords and in 1266, a distinctive mark was used by all bakers under the reign of Henry III.
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