Non-traditional trademarks are those which do not fall under the
ambit of conventional marks such as letters, numbers, logos,
pictorial description, symbols, or a combination of such
elements.
Take the silky purple of Cadbury, or the sound of Yahoo!. Such
elements, despite not being conventional in nature, can be easily
recognised by the consumers, the origin thereof being directly
attributable to the owners. For a non-traditional trademark to be
inclusive under the Trade Marks Act, 1999, it must satisfy the
criteria of being distinctive in nature as well as be capable of
being graphically represented. It may be noted that non-traditional
trademarks are generally not deemed distinctive under the Trade
Marks Act, 1999, rather the same are deemed to have acquired
secondary distinctiveness for the purpose of registration as such.
Furthermore, just like the traditional marks, non-traditional
trademarks must also have the ability to differentiate the goods
and services of
