Registration of Non-Traditional Trademarks in India

In the era of globalization when cross border trade occurs on the international market, trademark has become a key tool to denote the identity of a company. A successful trademark bears its own logo, adds distinct personality to the products and is the essence of competitiveness current trademark law illustrates some innovative innovations concerning the making and presentation of ‘mark' itself. The modern industry is in the busy process of inventing new items with typical odor special touch and single tone to provide modern consumers with more sensitive consumer goods. Although in all jurisdictions these novel trademarks have not yet reached a high acceptance, the use of such marks in common in contemporary market. Non-traditional trademarks remain a developing practice in the modern market and the case-law on this subject matter evolves. Studies, however, show that there is an increasing number of request of the proprietor to register non-traditional trademarks in the global trade. On the contrary, there is no uniform worldwide standard for examining, registering and enforcing these marks. This research paper captures, against this background, the brief history of non-traditional trademarks, the rationale of its protection under the legal systems is prevalent through various case studies, registration by the United States (US), European Union (EU), and India. It also looks at how these modern brands discharge their functions just like trademark. The paper also analyzes the problems surrounding the lack of uniformity education when reviewing and registering non-traditional trademarks globally. It ends the recommendations for review harmonization and registration process across different registries