Best Lawyer for Trademark Objection in Bangalore, India
Introduction
What if your brand could be recognized by a sound, a scent, or even a specific shade of colour? In India’s rapidly evolving and competitive marketplace, businesses are moving beyond traditional branding methods. Today, trademarks are no longer limited to logos, names, or symbols. They extend into unconventional sensory elements that shape how consumers experience a brand.
This evolution reflects a powerful shift: brands are building deeper emotional connections using elements that are heard, seen, felt, or even smelled. As Indian trademark law expands to recognize shapes, colours, sounds, and more, brands are exploring new frontiers in identity creation.
Legal Framework in India
India’s foundation for non-traditional trademarks is established under the Trade Marks Act, 1999, supported by the Trade Marks Rules, 2017.
Section 2(1)(zb): Definition of Trademark
A trademark is defined as:
“A mark capable of being represented graphically and capable of distinguishing goods or services… may include the shape of goods, packaging, and combination of colours.”
Though not explicitly listing all non-traditional categories, this definition is broad enough to cover modern trademark forms.
Trade Marks Rules, 2017
These rules modernized the registration process for non-traditional trademarks.
Key Provisions:
- Rule 26: Guidelines on representing different types of marks, including sound and 3D marks.
- Rule 27: Specific filing requirements depending on the trademark category.
- Form TM-A: Application form enabling filings for shape, colour, sound, and other unconventional marks.
Key Statutory Requirements
1. Graphical Representation
Every trademark—including non-traditional ones—must be represented graphically for:
- Registry records
- Public clarity
- Legal certainty
2. Distinctiveness
The mark must distinguish the applicant’s goods or services from others. This is the essence of trademark protection.
3. Recognition of Non-Traditional Marks
Non-traditional trademarks currently recognized:
- Shape
- Colour combinations
- Sound
Marks like smell, taste, and texture remain outside India’s formal legal framework due to representation challenges.
Shape Trademarks (3D Marks)
Shape trademarks protect the three-dimensional form of a product or its packaging.
Requirements for Registration
- Non-Functionality:
The shape must not serve a utilitarian or functional purpose. - Distinctiveness:
The shape should be inherently distinctive or must have acquired distinctiveness. - Non-Commonality:
It must not be a generic shape used commonly in the industry.
Examples:
- The Coca-Cola bottle
- The Toblerone chocolate bar
Colour Trademarks
Colour trademarks protect single colours or colour combinations associated with a brand. Typically, colour marks are not inherently distinctive and require strong evidence of consumer association.
Requirements for Registration
- Acquired Distinctiveness: Extensive use leading to public association.
- Specific Application: Applied to certain goods/services in a particular manner.
- Non-Functional Use: Colour should not indicate a functional attribute.
- Market Recognition: Supported by surveys, sales figures, and promotional data.
Examples:
- Tiffany Blue
- Barbie Pink
- Cadbury Purple
Sound Marks
Sound marks have gained strong recognition in India and globally as powerful brand identifiers.
How Sound Marks Are Represented
- Musical notation
- Written description
- Spectrogram
- Audio file submission
Requirements for Registration
- Distinctiveness
- Non-functional purpose
- Clear graphical representation
- Evidence of commercial use
- Consumer recognition
Examples in India:
- Yahoo! yodel
- ICICI Bank corporate jingle
- Nokia guitar ringtone
- Airtel tune by A.R. Rahman
Relevant Case Laws
1. Knitpro International v. Controller of Patents and Designs (2022)
The Delhi High Court stressed the need to prove acquired distinctiveness for shape marks. The failure to show unique product features led to rejection.
2. Indian Hotels Company Ltd. v. Registrar of Trademarks (2025)
The Taj Mahal Palace Hotel façade was registered as a shape trademark, affirming protection for architectural designs.
3. Christian Louboutin SAS v. Pawan Kumar (2017)
The Delhi High Court recognized the iconic red sole as a well-known single-colour trademark, marking a milestone in Indian IP protection.
Conclusion
Non-traditional trademarks represent a transformative era in brand identity and consumer experience. While challenges exist—particularly around distinctiveness and graphical representation—the Indian legal framework is steadily adapting to global trends.
As businesses innovate through sensory branding, protecting these unique identifiers becomes crucial. Shapes, colours, and sounds are more than aesthetic choices—they are powerful brand assets. With growing legal recognition, Indian companies are now better positioned to build memorable, legally protected brand identities in a competitive marketplace.
Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. Privacy laws may vary based on circumstances and jurisdiction. Readers are advised to consult a qualified legal professional, such as Bisani Legal, for specific advice regarding data protection, privacy rights, or related legal concerns.
