What Constitutes A "Mark" For The Purposes Of Trademark Registration? A Critical Review

Abstract

This paper critically investigates the eligibility criteria of the marks for the registration of trademarks in conventional and non-conventional trademarks. What qualifies as a mark has witnessed a sea change, and the Trademark law and international treaties thereto reflect those changes. However, due to technical inability or market practice differences, organisations have witnessed the acceptance of some marks in one territory, but in another, it is not approved. These variations and divergent practices of the different trademark jurisdictions sometimes result in conflicting claims by different owners. Statutory and administrative differences exist within the ambit of conventional and non-conventional trademarks. The graphical representation of conventional trademarks appears almost similar in different territories, whereas non-conventional trademarks lack standardisation. Some non-conventional marks, such as colour and sound marks, can be graphically represented. In contrast, others, such as olfactory, texture, taste, and motion marks, need an innovative mechanism. The practice of different topography is divergent, and they apply different policies.