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    Trademark Assignment

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    lucas
    This document discusses non-conventional trademarks, including sounds, smells, colors, and shapes. It provides context on their increasing use in marketing to distinguish goods and services. While some jurisdictions like China and parts of Africa, Asia, and Latin America have been slow to recognize non-traditional trademarks, registration of these types of marks is growing in importance internationally. The document also notes disagreements between countries on which non-traditional types can be registered and calls for reforms to address this.

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    Trademark Assignment

    Uploaded by

    lucas
    58 views3 pages
    This document discusses non-conventional trademarks, including sounds, smells, colors, and shapes. It provides context on their increasing use in marketing to distinguish goods and services. While some jurisdictions like China and parts of Africa, Asia, and Latin America have been slow to recognize non-traditional trademarks, registration of these types of marks is growing in importance internationally. The document also notes disagreements between countries on which non-traditional types can be registered and calls for reforms to address this.

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    This document discusses non-conventional trademarks, including sounds, smells, colors, and shapes. It provides context on their increasing use in marketing to distinguish goods and services. While some jurisdictions like China and parts of Africa, Asia, and Latin America have been slow to recognize non-traditional trademarks, registration of these types of marks is growing in importance internationally. The document also notes disagreements between countries on which non-traditional types can be registered and calls for reforms to address this.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    58 views3 pages

    Trademark Assignment

    Uploaded by

    lucas
    This document discusses non-conventional trademarks, including sounds, smells, colors, and shapes. It provides context on their increasing use in marketing to distinguish goods and services. While some jurisdictions like China and parts of Africa, Asia, and Latin America have been slow to recognize non-traditional trademarks, registration of these types of marks is growing in importance internationally. The document also notes disagreements between countries on which non-traditional types can be registered and calls for reforms to address this.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    The key takeaways are that the document discusses research on conventional and non-conventional trademarks, justifications for non-conventional trademarks, examples of registered non-conventional trademarks in India and challenges in registration.

    Traditional trademarks usually consist of words, logos or their combination, while non-traditional trademarks can be based on appearance, sound, scent, taste or touch.

    Examples of non-conventional trademarks mentioned are the roar of the MGM lion, Coca-Cola symbol and Yahoo's registered sound mark in India.

    Research on conventional and non-conventional trademarks countries,

    justifications for non-conventional trademarks and causes. Lastly


    suggestions on reforms.

    The subject matter of trademarks includes words, logos, symbols or a combination. The Indian

    Trademarks Act, defines trademarks as "a mark capable of being represented graphically and

    which is capable of distinguishing the goods or services of one person from those of others and

    may include shape of goods, their packaging and combination of colours."1

    According to International Trademark Association INTA, traditional marks usually consist of a

    word, logo or a combination of both while non-traditional trademarks can be based on

    appearance, such as color or a combination of colours, shape such as a three-dimensional (3D)

    representation of the product itself, sound, such as a jingle, or a short extract from a composition,

    or even a reproduction of an everyday sound, as well as scents, tastes, or touch. Chinese lawyers

    attending INTAs annual meeting in Berlin on 17-21 May, in China, color and 3D trademarks are

    registrable but sounds or smells are not.2

    The justification of Non-conventional trademarks in todays world of aggressive marketing

    where numerous techniques are adopted is to capture the attention of the consumers and create

    unique identities. Non-conventional trademarks are one of the latest tools that emerged where

    INTAs committee on non-traditional trademarks was created in January 2006.

    According to the International Trademark Association (INTA) and the World Intellectual

    Property Organization (WIPO), the cause of using non-traditional trademark is due to trademark

    owners seeking to broaden their products scope of protection by increasingly turning to


    1 1999 (the 'Act')

    2 Non-Conventional Trademarks, Fri, 11/07/2008 - 12:25


    Lawquestinternational.com
    registering non-traditional trademarks. WIPO is working on the issue of non-traditional marks

    through the Standing Committee on the Law of Trademarks, Industrial Designs and

    Geographical Indications.3

    Traditionally sounds did not qualify as trademarks but the World Trade Organizations

    Agreement on Trade-Related Aspects of Intellectual Property Rights, recognized this right and

    requires member countries to broaden their legal definition of trademark to encompass "any

    sign...capable of distinguishing the goods or services of one undertaking from those of other

    undertakings."4 Examples of such marks include the roar of the MGM lion, Coca-Cola symbol

    and alike.

    Recently, the Indian Trademark Registry recognized and registered Yahoo!s non-conventional

    sound mark that is used to function as a trademark enabling one to identify the origin of a

    product or service.5 Indias recognition of such marks by registering Yahoo!s sound mark is a

    mark of the maturing intellectual property regime in the country. However, According to Chinese

    lawyers attending INTAs annual meeting in Berlin on 17-21 May 2008, in China, color and 3D

    trademarks are registrable, but sounds or smells are not.

    The difficulties and disparities or differences between national or regional trademark legislation

    may limit industrys push for this new area of protection. But developing countries with only

    recent experience in trademark registration may have to amend their registration policies for this

    trend to take shape. There are regions in Africa, Asia and Latin America with limited experience

    3 Some See Rise In Non-Traditional Trademarks; National Registries Not Yet


    20/06/2008 By Catherine Saez, Intellectual Property Watch- www.ip-watch.org

    4 Ibid

    5 lawquestinternational.com
    in non-traditional trademarks which are looking for opportunities to learn from the most

    advanced locations and their IP systems.

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