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ARTICLE · 24 MARCH 2021

Fluid Marks: The Emerging Non-Conventional Trademark And Its Justification Under Trademark Theories

Khurana & Khurana, Advocates and IP Attorneys
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In COVID 19 pandemic, one could experience that numerous companies have been using designed versions of their original underlying trademarks to promote their products while spreading awareness about COVID 19.

IndiaIntellectual Property

Introduction

In COVID 19 pandemic, one could experience that numerous companies have been using designed versions of their original underlying trademarks to promote their products while spreading awareness about COVID 19. For instance, masks on "AMUL" girl & "STARBUCKS" mermaid promote the use of masks. Splits in yellow 'M' of "McDonald's", Space between the "AUDI" rings, letters of "COCACOLA", and V & W of "VOLKSWAGEN" spread awareness about social distancing. Similarly, disconnected bridge of "HYUNDAI" logo promotes demise of handshake and use of elbow bump.These designed versions of original trademarks are popularly known as 'Fluid marks', which are the emerging non-conventional trademarks. This Article analyzes the 'Fluid marks'and how well trademark justification theories hold them.

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