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ARTICLE · 20 APRIL 2023

Fluid Trademark And Its Changing Dynamics

Khurana & Khurana, Advocates and IP Attorneys
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Fluid Trademark is a great tool to engross customers to a brand as it keeps on changing depending on the season, occasion, festival which makes the entire concept dynamic.

IndiaIntellectual Property
Adrika Baishya
Adrika Baishya
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FLUID TRADEMARK AND ITS CHANGING DYNAMICS

Fluid trademarks can be referred to as trademarks that changes according to a particular occasion, season, weather or apparently anything in order to increase human interaction. The variations that appear in a fluid trademark needs to have a level of similarity with the original trademark such that the customers can identify the emergence of the fluid trademark from the original trademark. It can act as a great marketing tool if used with care and caution as there are no specific laws to provide protection to fluid trademarks.

Section 15 of the Trademark Act, 1999 provides protection to a series of trademark but it can be effective only when the apprehension of the basemark can be made which is not possible in case of fluid trademark because of its dynamic nature.

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