Abstract

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.

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