REGISTRABILITY OF NON-CONVENTIONAL TRADEMARKS IN INDIA

Non-conventional trademarks are marks that go beyond the usual world of words and logos. They
include sounds, colours, shapes, smells, tastes, and textures. In India, the registration of such marks is
controlled mainly by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. While the law allows
for the registration of any mark that is distinctive and can be shown graphically, the reality is that
non-conventional marks often struggle to meet these basic requirements. This paper looks at whether
non-conventional trademarks can be registered in India. It explains what these marks are, what the
law says, what the main challenges are, and how different types of non-conventional marks — such
as sound marks, colour marks, shape marks, and smell marks — have been treated. The paper argues
that while some progress has been made, especially for sound marks, there is still a long way to go.
India needs clearer rules, updated procedures, and a more open-minded approach from the Trade
Mark Registry if it wants to keep up with global developments in trademark law.
Keywords: Non-Conventional Trademarks, Trade Marks Act 1999, Distinctiveness, Graphical
Representation, Sound Marks, Colour Marks, Shape Marks, Smell Marks, India, Intellectual Property