TRADE MARKS – Traditional and Non-Traditional Marks

A Trade Mark is a mark capable of being represented graphically and of distinguishing a person's goods or services from those of others. Examples of traditional forms of trade mark include word marks, logos, device marks, slogans, letter marks or combination thereof.

Over a period of time, several other forms of trade marks have become popular and such marks are referred to as non-conventional or non-traditional marks. Examples of such marks include colour marks, shape of goods, their packaging, three dimensional marks, sound marks, smell marks, taste marks etc.

As the Indian Law categorically states that a trade mark must be capable of being represented graphically, some of the non-traditional marks are difficult to register in India. However, certain sound marks like the Yahoo doodle have indeed been allowed in India.