International Journal For Multidisciplinary Research

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The Legal Challenges of Registering Motion Marks in India: A Comparative Study of Graphical Representation and Distinctiveness with Other Countries

Author(s) Sandhiya Krishanan S, Madhumitha C
Country India
Abstract The authors of this research paper explore the evolving issues of non-traditional trademarks in India, with a specific focus on motion marks. Non-traditional trademarks, which include shapes, sounds, smells, tastes, and movements, challenge the conventional scope of trademark law, especially due to the requirement for graphical representation. According to the Trade Marks Act of 1999, trademarks are required to effectively distinguish goods or services and must be represented graphically, which poses obstacles for marks that incorporate dynamic or non-static characteristics. The paper analyses the challenges confronted by motion marks, focusing on the difficulty of capturing and visually representing movement. Additionally, it showcases successful examples, such as the registration of LG’s “Falling Drops” and Coca-Cola’s animated “Contour Bottle,” highlighting the potential for these types of marks to receive legal protection. The paper contends that advancements in technology could influence the future of non-traditional trademark registration in India. This article also investigates the growing acceptance of motion marks (trademarks that are animated or in motion) across different jurisdictions. It addresses the various legal frameworks, registration processes, and associated challenges. Motion marks are increasingly recognized globally, particularly in the United States, the European Union, South Korea, and the United Kingdom. The United States was the pioneer in allowing the registration of motion marks, adopting a more adaptable approach. In contrast, the European Union revised its guidelines in 2017 to allow for digital formats, including video submissions. Likewise, both South Korea and the EU have adjusted their laws to embrace non-traditional trademarks, fostering a more inclusive trademark landscape.
Keywords Distinctiveness, EU, Graphical representation, International agreement, Motion mark, Unconventional trademark, US
Field Sociology > Administration / Law / Management
Published In Volume 6, Issue 6, November-December 2024
Published On 2024-11-25
Cite This The Legal Challenges of Registering Motion Marks in India: A Comparative Study of Graphical Representation and Distinctiveness with Other Countries - Sandhiya Krishanan S, Madhumitha C - IJFMR Volume 6, Issue 6, November-December 2024. DOI 10.36948/ijfmr.2024.v06i06.31423
DOI https://doi.org/10.36948/ijfmr.2024.v06i06.31423
Short DOI https://doi.org/g8r8jc
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