Protection of Non-Conventional Trademarks Related to Digital Assets, Including Emojis and GIFS
The protection of non-conventional marks is a pressing issue in intellectual property law, which has gained increasing importance in recent years. Non-conventional marks are trademarks that deviate from the typical word, logo, or combination of both. They encompass a diverse range of identifiers, including sounds, scents, colours, shapes, and even moving images like GIFS etc. These marks present a distinctive challenge because they do not conform to traditional trademark categories. One of the key challenges in protecting non-conventional marks is establishing distinctiveness. In many legal systems, a mark must be capable of distinguishing the goods or services it represents from those of others. Demonstrating this distinctiveness for non-conventional marks often requires additional evidence and creativity. To overcome these challenges, intellectual property laws worldwide have evolved to accommodate non-conventional marks. Many countries have recognized the need to provide protection to these innovative forms of branding. In the United States, for example, sound marks (like the NBC chimes) and trade dress (distinctive product packaging) can be registered as trademarks. Similarly, the European Union permits the registration of non-conventional marks, such as colours (e.g., the Tiffany blue) and three-dimensional shapes (e.g., the Coca-Cola bottle). Despite the challenges in demonstrating distinctiveness, legal systems have adapted to acknowledge the importance of non-traditional branding elements.
I. Introduction
In India, trademark law provides statutory protection for trademarks through the Trademark Act of 1999, and it is also protected under common law through the doctrine of passing off. The statutory safeguarding of trademarks falls under the oversight of the Controller General of Patents, Designs, and Trademarks, a government agency operating under the Department of Industrial Policy and Promotion (DIPP) within the Ministry of Commerce and Industry. This body handles issues related to trademark holder rights, penalties for trademark infringement, remedies for those harmed by infringement, and the processes for transferring trademark ownership.3
Trademark law addresses the procedures for trademark registration, ensuring trademark protection, and preventing the circulation of counterfeit trademarks. It also outlines the rights acquired through the registration of a trademark, methods for transferring and assigning these rights, the nature of trademark infringements, associated penalties for such infringements, and the remedies available to trademark owners in cases of infringement.
(A) What is a trademark?
A trademark, as defined in the Trademark Act of 1999 under Section 2(1)(zb), is a mark that can be visually represented and can distinguish the goods or services of one entity from those of others.4 This mark may encompass a wide range of elements, including but not limited to signatures, names, labels, headings, and more. In practical terms, a trademark can take the form of a term, sign, symbol, device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, combination of colours, or any such combinations, as well as graphical representations.
For instance, a trademark can be a brand name, a product name, a company logo, or any unique symbol that aids consumers in identifying and choosing products or services based on the specific qualities and assurances associated with the trademark's owner or user. The primary function of a trademark is to safeguard against unauthorized usage of a person's or company's products or services without their consent.5
Trademarks can consist of a variety of elements, including logos, images, words, brief phrases, colours, or combinations of these elements. While words and images are the most used components, other distinctive symbols may also be eligible if they can be represented visually.
For example, the renowned luxury brand Louis Vuitton holds a trademark for its distinctive check pattern known as the Damier pattern. The well-known confectionery brand Cadbury's has a trademark for the colour purple, even though securing a trademark for single-coloured products can be challenging. Getting a trademark is a rigorous process, and examples of trademarks include well-known names like Dettol, Rolex, Nestle, Sun Pharma, Theobroma, Mont Blanc, and even Coca-Cola, which has a trademark for the design of its bottle.
(B) Features of trademarks
1. Trademark can encompass various elements, such as symbols, titles, brands, labels, signatures, words, letters, names, numerals, packaging, or combinations thereof.
2. It must be capable of being visually represented.
3. The primary purpose of a trademark is to distinguish the products of one manufacturer from those of another.
4. Trademarks can extend to include size, colour combinations, and packaging.
5. Trademarks are associated with specific goods or services.
6. A trademark should convey the association of an individual or group with the manufacture of goods or provision of services.
7. Trademarks can be protected through either continued use or registration under the Trade Marks Act of 1999.
8. A trademark protected through use is linked to the goodwill of the business and is acquired through ongoing use. Protection can also be granted under the 1999 Act for intended use.
(C) Functions of trademarks
1. Identification of Origin and Quality: Trademarks serve to identify the source and quality of a product or service, allowing consumers to make informed choices.
2. Quality Standardization: Trademarks ensure a consistent standard of quality across products bearing the same mark.
3. Effective Advertising: Trademarks effectively advertise and promote products and services, creating recognition in the market.
4. Building Goodwill and Image: Trademarks contribute to building goodwill and a positive image for a product or brand over time.
(D) Benefits of trademarks
1. Exclusive Usage Rights: Trademarks grant the owner exclusive rights to use the mark to identify their goods or services.
2. Preventing Fraudulent Use: Trademarks prevent unauthorized or fraudulent use of the mark by others.
3. Legal Recourse: Trademark owners can initiate legal proceedings against trademark infringement to stop unauthorized use by third parties.
4. Protection under Common Law: Even unregistered trademarks can be protected through the common law principle of passing off if they can demonstrate a reputation and goodwill in the mark.
5. Preventing Unfair Competition: Trademarks deter unfair competitors from using similar or deceptively similar marks that could confuse consumers.
6. Protecting Intellectual Property: Trademarks safeguard the intellectual property, skill, and reputation of a company.
The different types of Trademarks are classified under two heads-
- Conventional Trademark
- Non-Conventional Trademark
II. Non-conventional trademarks
Non-conventional trademarks are essentially new types of trademarks that don't fit within the existing statutory categories of conventional trademarks.6 In other words, they are unique and do not conform to the typical characteristics of trademarks. These non-conventional trademarks can be broadly divided into two categories:
- Visual Marks: These include trade dress (the visual appearance of a product or its packaging), holographic marks (marks with three-dimensional or holographic elements), motion marks (animated or moving marks), colour marks (single or combination of colours), and other visual representations.
- Non-Visual Marks: These encompass sound marks (auditory or musical elements), olfactory marks (scents or smells), texture marks (distinctive surface textures), and taste marks (unique tastes or flavours).7
It's important to note that the unconventional nature of these marks doesn't grant them any rights beyond those of traditional trademarks. They still serve the fundamental purpose of trademarks, which is to identify and protect the origin and quality of goods and services.8
(A) Types of Non-Conventional Trademarks
a. Visual Trademarks
Visual trademarks are those that are perceived through graphic cues and can be seen. They encompass several subcategories, including:
1. Trade Dress: This pertains to the overall appearance of a product, including its packaging. Examples include the distinctive shape of Hershey's Kiss chocolates and the iconic red soles of Christian Louboutin9 shoes.
2. Motion Marks: These are animated logos or symbols, such as the opening motion for Netflix or the Windows startup logo, often serving as modern taglines in the digital era.
3. Colour Marks: These trademarks are based on specific colours or combinations, like T-Mobile's magenta or Cadbury's purple (although the latter lost its official trademark status, it remains associated with Cadbury).10
4. Hologram Marks: These marks incorporate elements of the holographic category, as exemplified by American Express's holographic logos on electronic transaction cards.
5. Position Marks: A relatively new category of visual trademark, acknowledged by the EU in 2017, specifically refers to the spot on a product where the mark is positioned.
In a statutory sense, many aspects of trade dress are covered under the Trademarks Act of 1999. However, colour and motion marks often rely on legal precedents to establish their legitimacy and enforceability. An example of a well-known trade dress in India is the "two-thirds white and one-third red combination" of Colgate tooth powder packaging, which was successfully defended by Colgate Palmolive Company in a 2003 case11.
It's worth noting that motion marks are often presented as combinations of different marks, such as sound and movement together, as seen in the MGM banner. Independently, the sound of the Yahoo yodel has received official trademark status in India, separate from the motion mark, making it the first sound mark registered in India.
b. Non-Visual Trademarks
These trademarks are not based on visual cues and are perceived through other senses. Some examples of non-visual trademarks include:
1. Sound Marks: These encompass marks in the form of sounds, including advertising jingles, sounds associated with animated logos, and motion marks. Sounds can have a significant impact on consumer brand perception.
2. Olfactory Marks: Olfactory or smell marks are distinctive scents that identify a product. Registering these marks can be challenging due to the requirement for clear and precise descriptions. An example is the unsuccessful attempt to trademark the "balsamically fruity with a slight hint of cinnamon" smell for methyl cinnamate.
3. Other Marks: This category includes texture marks, taste marks, and various other possibilities for non-visual trademarks.12
In recent times, sound marks have gained prominence in consumer brand perception, especially with the rise of digital media and marketing. Brands now place significant importance on being recognized through associated sounds, like their approach to visual branding. Notably, in India, all registered non-visual trademarks are sound marks, such as the jingles of ICICI Bank and the National Stock Exchange theme song.
Sound recordings, although protected under copyright laws, can also receive protection under trademark laws when they create a distinctive association between the sound and a product or service. Olfactory marks are more challenging to register due to the requirement for graphical representation, a key prerequisite under the law. While India hasn't received applications for the registration of olfactory marks, internationally, an example is the registration of the smell of freshly mowed grass for tennis balls manufactured by a Dutch company in 1999.13
(B) Registration & procedural requirements of a non-conventional trademark
Trademarks don't necessarily need to be registered to be considered trademarks. Widespread consumer recognition and distinctiveness can establish a mark as a trademark, and registration simply grants additional exclusive rights.
However, when it comes to registering non-conventional trademarks, there are certain challenges and issues.
III. Graphic representation requirement
The key challenge in registering non-conventional trademarks is the necessity to graphically represent these unconventional elements in the trademark application. While the fundamental process of registration is similar for both conventional and non-conventional trademarks, the requirement for graphical representation poses unique challenges.14
(A) Statutory Limitations
Non-conventional trademarks, including sound marks, olfactory marks, taste marks, and texture marks, are not extensively addressed in Indian legislation or in international agreements like TRIPS (Trade-Related Aspects of Intellectual Property Rights). As a result, there is an increased reliance on judicial precedents to clarify and define the registration process and requirements for these unique trademarks.
(B) Rule 26(5) Trademarks Rules, 2017
Under this rule, the Trademarks Rules of 2017 provide guidance on the registration of sound marks. It specifies that for sound marks, a reproduction in MP3 format not exceeding thirty seconds in length, recorded on a medium that allows for clear replaying, should be submitted. This should also be accompanied by a graphical representation of notations. The fundamental challenge remains in the graphical representation of certain non-conventional trademarks, particularly scents, tastes, and textures. These sensory attributes are not easily captured in traditional graphical formats, making it difficult to meet the legal requirement for representation.
(C) Graphical representation of non-conventional trademark under registration process
Graphical representation is "the representation of a trademark for goods or services represented or capable of being represented in paper form and includes representation in digitized form."15
The Sieckmann v. German Patent and Trademark Office case16 has established specific criteria, often referred to as the Sieckmann criteria, for graphical representation of trademarks:
1. Clear: The graphical representation must be unambiguous and easily understandable.
2. Precise: It should accurately convey the essential characteristics of the trademark.
3. Self-contained: The representation should be self-sufficient, providing all necessary information for understanding the trademark.
4. Easily Accessible: The graphical representation should be readily available for examination.
5. Intelligible: It should be comprehensible without the need for expert knowledge.
6. Durable: The representation should remain stable over time and not change its essential characteristics.
7. Objective: The representation should convey an objective image of the trademark.
These criteria are critical in ensuring that graphical representations of trademarks, especially non-conventional ones, meet the necessary standards for clarity and comprehensibility. This is essential for trademark offices and the public to understand and assess the nature of the trademark, regardless of whether it is a traditional or non-traditional mark.
WIPO's emphasis on the requirements for graphical representation of trademarks, as outlined in its Standing Committee Report dated 28th April 2008, underscores the importance of ensuring that trademark information is accessible to all, without the need for specialized technical knowledge. The primary objective is to make the trademark register user-friendly and comprehensible for anyone seeking information about a trademark.
By setting clear and precise standards for graphical representation, it becomes easier for individuals, including those who may not have expertise in trademark law or technical backgrounds, to understand the nature of a trademark. This transparency and accessibility in trademark registration are essential for maintaining a fair and well-functioning trademark system, as it ensures that information about trademarks is readily available and can be easily interpreted by a wide range of users.
The Indian trademark office drafted a manual in 2015 that detailed graphical representation requirements for various non-conventional trademarks. However, this manual has not been officially adopted into trademark law.
The Sieckmann criteria established by the European Court of Justice are relatively easy to apply to visual marks but can be challenging for non-visual marks like sound and scent. To accommodate these challenges, the European Court of Justice has relaxed some criteria, allowing external references to enhance precision while maintaining the core principles of clear and comprehensible representation.
The use of universally recognized colour codes as external references has been accepted in some cases, like the Libertel Groep BV v. Benelux-Merkenbureau case17, as they are considered precise and durable. For example, the UK Trademark Registry accepts universal colour codes, accompanied by a written description, as adequate graphical representation for colour marks.
However, the Indian Draft Manual does not currently endorse the use of universal colour codes like Pantone, and it lacks specific statutory guidance on what precisely satisfies the graphical representation requirements for colour marks.
To ensure clarity and facilitate examination, WIPO suggests that trademark applications should always include a statement or indication of the type of mark being registered. This helps avoid doubts about whether a mark is traditional or non-traditional, particularly when dealing with non-conventional marks.
IV. Challenges of non-conventional trademarks
The evolution of trademark registration systems has seen gradual development for conventional subject matter. However, the registration of non-conventional trademarks, such as smell marks, colour marks, sound marks, and shape marks, still faces challenges and has yet to gain significant traction.18
(A) Challenges with non-conventional trademarks
1. Word and Device Trademarks: Registering word and device trademarks is relatively straightforward.
2. Smell Trademarks: Registering smell trademarks is more complex. To do so, the applicant must represent the smell graphically and prove that it is distinct from the product itself. This can be challenging, as representing a fragrance through a chemical formula or composition details may not effectively convey the smell's distinctiveness.
3. Taste Marks: Some jurisdictions accept taste marks, but they require graphical representation, often through a written explanation of the taste. This approach helps prove distinctiveness, although it is not yet widely adopted.
4. Functional Features: When registering smell or taste marks, one barrier to consider is whether these marks serve as a "functional feature" of the associated products, similar to how traditional trademarks are viewed. This aspect can impact registration.
5. Texture Marks: Texture marks relate to the tactile experience of a product, providing consumers with a unique sense of the product's characteristics. For example, the leather texture of a Louis Vuitton bag is a distinctive feature. These marks are not merely visual but can be felt.
In summary, while traditional word and device trademarks have well-established registration processes, non-conventional trademarks face unique challenges. Smell, taste, and texture marks require distinctive graphical representation and proof of distinctiveness, and the issue of whether they serve a functional purpose can also arise. Nonetheless, there is an evolving landscape in the registration of these non-conventional trademarks, with some jurisdictions beginning to accept them.
(B) Issues related to non-conventional trademarks
Non-conventional trademarks, also known as non-traditional or non-traditional trademarks, are types of trademarks that go beyond the typical words, logos, and slogans that are commonly associated with branding. These non-conventional trademarks can include sounds, colours, shapes, scents, and even motion.19 While they can be valuable for brand recognition, they also pose unique issues and challenges. Some of the main issues related to non-conventional trademarks are:
1. Distinctiveness: Non-conventional trademarks are often less inherently distinctive than traditional word or logo marks. Establishing that a non-conventional mark can distinguish a product or service can be challenging.
2. Acquired distinctiveness: In some jurisdictions, non-conventional trademarks may need to acquire distinctiveness over time through use, which can require substantial investment in marketing and branding.
3. Perceptibility: Some non-conventional trademarks, such as scents or flavours, may be difficult to perceive or reproduce consistently, making enforcement and registration more complex.
4. Descriptiveness: Certain non-conventional elements may be descriptive of the product or service they represent, which can make them ineligible for trademark protection.
5. Public interest: There may be concerns related to the public interest, especially when it comes to functional shapes, as granting exclusive rights to such shapes could hinder competition and innovation.
6. Examination and registration: Trademark offices may have varying standards for the examination and registration of non-conventional marks. This can lead to uncertainty for trademark applicants.
7. Enforcement: Proving infringement of non-conventional trademarks can be more challenging than traditional marks, as it may require demonstrating that the mark has been used in a way that is likely to cause confusion among consumers.
8. Evidence of use: When asserting non-conventional trademarks in legal disputes, providing evidence of use and distinctiveness can be more complex compared to traditional marks.
9. Limited protection scope: Non-conventional marks can have a limited scope of protection, as they may only cover the specific representation or embodiment of the mark that has been registered.
10. Changes in perception: Over time, consumer perception of non-conventional trademarks may change, making it necessary to adapt and update the protection strategy.
11. Costs and resources: Registering and protecting non-conventional trademarks can be costly and time-consuming, as it often requires expert advice and extensive evidence.
V. Conclusion
The Trademark Rules provide a procedure for the application of non-conventional trademarks, but there is still room for the law to catch up with modern marketing techniques that use colours, shapes, scents, and sounds to make their products distinctive.
In India, trademarks must meet certain criteria to be eligible for registration. Trademarks that are not inherently capable of distinguishing one person's goods or services from another are considered lacking distinctive character. Such marks can only be registered if evidence can be presented to demonstrate that they have acquired distinctiveness through continuous use. If a non-traditional trademark is descriptive in nature, it must acquire a secondary distinctive meaning to indicate a specific brand or owner. Therefore, non-traditional trademarks that have gained distinctiveness through prolonged and continuous use and are associated with a specific brand or owner by consumers can be registered under Indian Trademark Law. Brand owners are required to submit evidence showing continuous and prolonged use and documents related to marketing and advertising efforts aimed at creating public awareness of the association between the trademarks and the brand or owner.
Non-conventional trademarks that are distinctive and not functional deserve trademark protection. They appeal to a different segment of customers who are more attuned to the sensory experience of the trademark. These trademarks help consumers with an imperfect recollection to identify products they might otherwise have trouble differentiating. Granting protection to non-conventional trademarks also serves as an incentive for businesses to explore new and innovative ways of branding and marketing their products.
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VI. Bibliography
1. Agreement on Trade-Related Aspects of Intellectual Property Rights, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1C, 1869 U.N.T.S. 299, 33 I.L.M. 1197 (1994).
2. Can you trademark sounds, smells, colours, motions and flavours? - https://www.worldtrademarkreview.com/brand-management/can-you-trademark-sounds-smells-colours-motions-and-flavours
3. Christian Louboutin Sas v. Mr Pawan Kumar & Ors., 2018 (73) PTC 403 (Del).
4. Dev Gangjee , Non Conventional Trade Marks in India, National Law School of India Review , 2010, Vol. 22, No. 1 pp. 67-95 (2010).
5. Priyanka Saraswat, 'Non-Conventional Trademarks - Procedural Requirements and Registration,' iPleaders Blog, https://blog.ipleaders.in/non-conventional-trademarks-procedural-requirements-registration/.
6. L. Kenneth Port, "On Nontraditional Trademarks" 38(1) Northern Kentucky Law Review 1-58 (2012).
7. Lukose, Lisa P. “NON-TRADITIONAL TRADEMARKS: A CRITIQUE.” Journal of the Indian Law Institute, vol. 57, no. 2, 2015, pp. 197–215. JSTOR, www.jstor.org/stable/44782501.
8. Non-Conventional Trademarks: A Legal Analysis - https://www.khuranaandkhura na.com/2019/04/15/non-conventional-trademarks-a-legal-analysis
9. PAZ HOROWITZ ROBALINO GARCÉS (PAZ HOROWITZ) OBTAINED REGISTRATION OF OLD PARR CRACKLE-GLASS “TEXTURE” MARK IN ECUADOR- https://ntmblog.wordpress.com/2015/01/07/paz-horowitz-robalino-garces-paz-horowitz-obtained-registration-of-old-parr-crackle-glass-texture-mark-in-eucador/
10. Trademarks Act, 1999.
11. Smell, Sound and Taste – Getting a Sense of Non-Traditional Marks- https://www.wipo.int/wipo_magazine/en/2009/01/article_0003.html#:~:text=To%20obtain%20registration%20of%20a,kept%20on%20a%20trademark%20register.
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Footnotes
1. Author is a student at Himachal Pradesh National Law University, India.
2. Author is a student at Himachal Pradesh National Law University, India.
3. Legal Paathshala, 'Introduction to Trademark Law in India,' Legal Paathshala, https://legalpaathshala.com/introduction-to-trademark-law-in-india (accessed October 30, 2023). ↩
4. Trademark Act, 1999, § 2(1)(zb). ↩
5. LegalDesk, 'Trademark in India: Introduction,' LegalDesk, https://legaldesk.com/trademark-in-india-introduction (accessed October 30, 2023). ↩
6. Lukose, Lisa P. “NON-TRADITIONAL TRADEMARKS: A CRITIQUE.” Journal of the Indian Law Institute, vol. 57, no. 2, 2015, pp. 197–215. JSTOR, www.jstor.org/stable/44782501 (accessed October 30, 2023). ↩
7. Kuruvila M Jacob & Nidhi Kulkarni, Non-Conventional Trademark: Has India Secured an Equal Footing, Indian Journal of Intellectual Property of Law 47, 47-72 (2018). ↩
8. Dev Gangjee, Non-Conventional Trade Marks in India, 22 National Law School of India Review 67, 67-96 (2010). ↩
9. Christian Louboutin Sas v. Mr Pawan Kumar & Ors., 2018 (73) PTC 403 (Del). ↩
10. WIPO, 'The Case for Corporate Responsibility' WIPO Magazine, https://www.wipo.int/wipo_magaz ine/en/2009/01/article_0003.html (accessed October 30, 2023). ↩
11. Colgate Palmolive Company v. Anchor Health & Beauty Care Pvt. Ltd. 2003 (27) 478 (Del). ↩
12. Tanisha Agarwal & Vanshaj Mehta, Hear Me, Touch Me, Taste Me, Smell Me: Conventionalizing Non- Conventional Trademark in India, 3 Journal of Contemporary Issues of Law 1, 1-22 (2017). ↩
13. The IP Matters, 'Non-Conventional Trademarks,' The IP Matters, https://www.theipmatters.com/post/non-conventional-trademarks (accessed October 30, 2023). ↩
14. Arka Majumdar, Subhojit Sadha & Sunandan Mujumdar, The Requirement of Graphical Representation for Non-Conventional Trademarks, 11 Journal of Intellectual Property Rights (2006). ↩
15. Rule 2(1)(k) of the Trademark Rules, 2017 ↩
16. Sieckmann v. Deutsches Patent – und Markenamt, (C-273/00) [2003] E.T.M.R. 37, 43-45 (European Court of Justice) ↩
17. Libertel Groep BV v. Benelux-Merkenbureau, (C-104/01) [2003] E.T.M.R. 63 (European Court of Justice) ↩
18. Paridhi Jain, 'A Perspective on Non-Conventional Trademarks and the Difficulties in Extending IP Protection to Them,' SCC Online Blog, https://www.scconline.com/blog/post/2022/09/16/a-perspective-on-non-conventional-trademarks-and-the-difficulties-in-extending-ip-protection-to-them/ (accessed October 30, 2023). ↩
19. Priyanka Saraswat, 'Non-Conventional Trademarks - Procedural Requirements and Registration,' iPleaders Blog, https://blog.ipleaders.in/non-conventional-trademarks-procedural-requirements-registration/ (accessed October 30, 2023). ↩
- Legal Paathshala, 'Introduction to Trademark Law in India,' Legal Paathshala, https://legalpaathshala.com/introduction-to-trademark-law-in-india (accessed October 30, 2023).
- Trademark Act, 1999, § 2(1)(zb).
- LegalDesk, 'Trademark in India: Introduction,' LegalDesk, https://legaldesk.com/trademark-in-india-introduction (accessed October 30, 2023).
- Lukose, Lisa P. “NON-TRADITIONAL TRADEMARKS: A CRITIQUE.” Journal of the Indian Law Institute, vol. 57, no. 2, 2015, pp. 197–215. JSTOR, www.jstor.org/stable/44782501 (accessed October 30, 2023).
- Kuruvila M Jacob & Nidhi Kulkarni, Non-Conventional Trademark: Has India Secured an Equal Footing, Indian Journal of Intellectual Property of Law 47, 47-72 (2018).
- Dev Gangjee, Non-Conventional Trade Marks in India, 22 National Law School of India Review 67, 67-96 (2010).
- Christian Louboutin Sas v. Mr Pawan Kumar & Ors., 2018 (73) PTC 403 (Del).
- WIPO, 'The Case for Corporate Responsibility' WIPO Magazine, https://www.wipo.int/wipo_magaz ine/en/2009/01/article_0003.html (accessed October 30, 2023).
- Colgate Palmolive Company v. Anchor Health & Beauty Care Pvt. Ltd. 2003 (27) 478 (Del).
- Tanisha Agarwal & Vanshaj Mehta, Hear Me, Touch Me, Taste Me, Smell Me: Conventionalizing Non- Conventional Trademark in India, 3 Journal of Contemporary Issues of Law 1, 1-22 (2017).
- The IP Matters, 'Non-Conventional Trademarks,' The IP Matters, https://www.theipmatters.com/post/non-conventional-trademarks (accessed October 30, 2023).
- Arka Majumdar, Subhojit Sadha & Sunandan Mujumdar, The Requirement of Graphical Representation for Non-Conventional Trademarks, 11 Journal of Intellectual Property Rights (2006).
- Rule 2(1)(k) of the Trademark Rules, 2017
- Sieckmann v. Deutsches Patent – und Markenamt, (C-273/00) [2003] E.T.M.R. 37, 43-45 (European Court of Justice)
- Libertel Groep BV v. Benelux-Merkenbureau, (C-104/01) [2003] E.T.M.R. 63 (European Court of Justice)
- Paridhi Jain, 'A Perspective on Non-Conventional Trademarks and the Difficulties in Extending IP Protection to Them,' SCC Online Blog, https://www.scconline.com/blog/post/2022/09/16/a-perspective-on-non-conventional-trademarks-and-the-difficulties-in-extending-ip-protection-to-them/ (accessed October 30, 2023).
- Priyanka Saraswat, 'Non-Conventional Trademarks - Procedural Requirements and Registration,' iPleaders Blog, https://blog.ipleaders.in/non-conventional-trademarks-procedural-requirements-registration/ (accessed October 30, 2023).