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ARTICLE · 21 FEBRUARY 2019

Position Of Unconventional Trademarks In India

Khurana & Khurana, Advocates and IP Attorneys
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As of late, the field of intellectual property has seen immense improvement, particularly with respect to trademarks.

IndiaIntellectual Property

As of late, the field of intellectual property has seen immense improvement, particularly with respect to trademarks. The Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS") perceives different sorts of trademarks. India has additionally rolled out vital improvements in its laws to follow the arrangements of the TRIPS agreement.

A trademark according to S.2(1)(zb) of the Trademarks Act means "a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colors." From a cursory reading of the same, it can be seen that the definition is quite open ended. Any mark, be it a word, device, brand, heading, letter, numeral etc if capable of distinguishing goods and services of one person from that of another, can be registered as a trademark. Although the entire aforementioned find place in the definition

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