Unconventional trademarks are called unconventional for a reasona 4 of the eu trademark regulation outlines the basic function of a trademark – to distinguish the goods or services of one undertaking from those of other undertakings.
A non-conventional trademark, also known as a nontraditional trademark, is any new type of trademark which does not belong to a pre-existing, conventional category of trade mark, and which is often difficult to register, but which may nevertheless fulfill the essential trademark function of uniquely identifying the commercial origin of products or services. Unconventional trademarks are simply not very good at this that, coupled with the strict parameters which are part and parcel of the unitary character of the eu trademark, makes the outcome of this case interesting, but not entirely surprising. An unconventional trademark is a type of trademark which does not fall into the category of conventional or traditional trademarks an unconventional trademark is mainly in the form of sound marks, smell marks, shape marks or color marks.
While the new directive and eutm regulation codifies a number of existing principles from case law, as it applies to unconventional trade marks, allowing signs to be represented in ways not necessarily by graphic means may open up new possibilities for more innovative and sophisticated non-traditional brands.
An unconventional trademark is a type of trademark which does not fall into the category of conventional or traditional trademarks an unconventional trademark is mainly in the form of sound marks, smell marks, shape marks or colour marks.
Unconventional trademarks: an indian perspective co-authored by shilpi jain protection and enforcement of unconventional trademarks such as colors, shapes, sounds, motions, smells, and tastes has always been a subject of interesting debate under indian law. The second part of the paper deals with the unconventional trademark in particular with “sound” as an unconventional trademark in the third part the laws in india has been explained, its development and few international examples, the drawbacks in the system and critique.