• Abhinaya Ramesh
• Gomathi R

When we discuss a brand, a name, a logo or a symbol which graphically represents a particular product, we identify a trademark in it. The main concern for the customers when they purchase the products or hire the services from the market are the quality and goodwill of the products and services. Trademark helps the consumer in differentiating the product and services from that of the others. Recently, Intellectual property rights have gone through various advancements among which, specifically, trademark has evolved rapidly. The Trade Related aspects of Intellectual Property Rights (TRIPS) is an international agreement on Intellectual property which perceives the various kinds of trademarks including the non-traditional ones. India being a member nation of the World Trade Organization (WTO) has become a signatory to the TRIPS agreement, and hence it has made few improvements in its legal provisions relating to Intellectual Property Rights (IPR) in order to conform to the TRIPS agreement. Trademark can be classified in contemporary trends as conventional and non-conventional trademarks. Trademarks which can be visually and graphically represented and identified are conventional trademarks, like name, signature, logo, color combinations, symbols etc. Non-Conventional trademarks includes smell mark, sound mark, taste mark, touch mark, motion mark and hologram mark. Granting of trademark protection to these non-conventional marks is slowly gaining recognition in several countries. But under Indian Trademark Regime, non-convention trademark registration is difficult because of the pre-requisite condition on the graphical representation of the trademark which is followed strictly. This article discusses about the issues and the need for protection for such non-conventional marks in the recent era.

Trademark, TRIPS, WTO, Intellectual Property Rights, Conventional trademarks, Non-conventional trademarks, Graphical representation

"Indian Perspective on Unconventional Trademarks ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.8, Issue 8, page no.c988-c991, August-2021, Available :http://www.jetir.org/papers/JETIR2108372.pdf

"Indian Perspective on Unconventional Trademarks ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.8, Issue 8, page no. ppc988-c991, August-2021, Available at : http://www.jetir.org/papers/JETIR2108372.pdf