Article
Unconventional trademarks: A roadmap to the future
By Raghav Sarda and Sidharth Shahi
The article discusses the increasing trend among companies and individuals to go for unconventional or non-traditional trademarks. The authors note that while colour, sound, shape of goods, smell, motion, taste, touch/texture, and hologram marks are recognized in foreign jurisdictions, the Indian trademarks law recognizes only colour, shape of goods and sound marks as registrable marks, as there is a requirement of graphical representation in a paper form. Discussing elaborately, along with examples and relevant case law, the shape of goods, sound, colour and motion marks, the authors also note that while registration for the smell and taste marks may still be attempted by reproducing the chemical formula of the product, probability of registering the touch/texture and hologram marks is negligible as such marks may not be graphically represented, at least till the technology is advanced or Section 2(1)(zb) of the Trade Marks Act is amended...
Ratio decidendi
- Patents – Mere presence of standardised agents not makes two compositions identical – Admission of non-manufacture under Central Excise, not material – Delhi High Court
- Patents – Export of patented drug under Section 107A – Apprehension of possible misuse must be manifestly credible – Delhi High Court
- Only one patent possible for one invention – High Court rejects interim relief against alleged infringement of two patents for one invention when inventor also same – Delhi High Court
- Patents invalid if could be exploited to prohibit others from achieving the same result, though by different methods – Delhi High Court
- Non-mention of legal provision is no ground for not invoking same – Pleadings to be read holistically – Delhi High Court
News Nuggets
- Parliamentary Committee recommends re-establishment of IPAB and many changes in Indian patent regime
- No phonetic, visual or structural similarity between ‘V Care’ and ‘I Care’
- Patent revocation – Specific issues qua each ground of revocation ought to be framed
- Territorial jurisdiction of Court – Averments in plaint to be assumed correct, at interim stage
- Trade marks – Non-rebuttal of assertions of damage and dishonest use, fatal
