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Posted By: Smita Choudhary | 08 Feb 2017

Dear Trademark, Non-Traditionally also I am all Yours!!

NON-TRADITIONAL TRADEMARK – Part I

Trademark is any unique expression and source identifier related to a product or service that distinguishes it from others. Trademark is actually territorial in nature and varies from country to country. The registration and enforcement of Trademark Laws are governed by the National Laws. In general, 90% of the Trademarks are registered in the form of word marks and device marks.

Traditional Trademark comprises wordmark and device marks, wherein wordmark is placed on certain products to distinguish it from the other similar products and whereas Device Marks are Logos and labels, as well as words in a special form, are used to distinguish it from the other similar products.

Non-Traditional Trademarks comprise colors, motions, sounds, scents and shapes which seem interesting and requires proper terms and conditions to apply for the registration of the Trademark.

Shape Marks presents the 3-Dimensional shape of a product or packaging and also to gain Trademark registration of a product shape, the shape must generally have a non-functional “added extra” or distinctive feature, helping the shape to function as a Trademark. Ex: – Perfume bottle was registered as shape Trademark because this shape has had color and artwork added, both of which make the shape even more distinctive looking elevate it to more than a simple product shape.

Collective Trademark is used to distinguish the products or services of facilities belonging to a certain entity that has a legal character. The famous example is CA” device used by the Institute of Chartered Accountants and “CPA” mark, used to indicate members of the Society of Certified Public Accountant.

Color Mark is sometimes single color or combination of colors which can also be registered as a trademark. The catch is that people recognize a certain product or service by its color. The example of the famous color mark is Christian Louboutin shoes with their red soles, covered under US Reg. No. 3,361,597, for women’s high-fashion designer footwear.

Non-traditional Trademarks can provide an important means to protect and promote the product or service in a distinctive manner and can also act as an important branding tool to connect with the consumers. There is also sequel part to this non-traditional trademark titled as Part-II and do read that portion also because it presents the lesser known areas of the non-traditional Trademarks.

For more details and clarification on the Traditional and non-traditional brand recognition, feel free to contact ADAM GLOBAL.

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