Non-Conventional Trademarks: A Legal Analysis

NATURE AND SCOPE OF NON-CONVENTIONAL TRADEMARKS

The Non-Conventional marks are those marks which do not fall under the category of conventional marks such as marks including letters, numbers, logos, pictorial description, symbols, or those elements which consists of the combinations of such elements. The definition of Non-Conventional mark is illustrative and states that it includes 'shape of goods', 'packaging' and 'combination of colours' within its ambit. They are basically those marks which are based on appearance, shape, sound, smell, taste, textures etc. Such marks are said to be beyond the purview of traditional trademarks. In the act it is not specifically mentioned but the definition of Trademark incorporates the non-conventional marks as well.