The Requirement of Graphical Representability for Non-Conventional Trademarks

Abstract

Non-conventional trademarks are steadily gaining ground in today’s commercial world. This necessitates their registration and protection by legal machinery. The requirement of graphical representability may prove to be the greatest impediment in the way of getting such non-traditional marks like sound, smell and colour registered, for they cannot be put down in pen and paper. Consequently new methods of registering such trademarks need to be evolved, especially in view of the fact that the law in most countries today have expressly or otherwise accommodated such new types of marks as trademarks.