REGISTRABILITY OF NON-CONVENTIONAL TRADEMARKS IN INDIA[1]
AUTHOR – A LALITHA* & Ms. SAYANA M S**
* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)
** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)
BEST CITATION – A LALITHA & Ms. SAYANA M S, REGISTRABILITY OF NON-CONVENTIONAL TRADEMARKS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 793-800, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6483
Abstract
Non-conventional trademarks are marks that go beyond the usual world of words and logos. They include sounds, colours, shapes, smells, tastes, and textures. In India, the registration of such marks is controlled mainly by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. While the law allows for the registration of any mark that is distinctive and can be shown graphically, the reality is that non-conventional marks often struggle to meet these basic requirements. This paper looks at whether non-conventional trademarks can be registered in India. It explains what these marks are, what the law says, what the main challenges are, and how different types of non-conventional marks — such as sound marks, colour marks, shape marks, and smell marks — have been treated. The paper argues that while some progress has been made, especially for sound marks, there is still a long way to go. India needs clearer rules, updated procedures, and a more open-minded approach from the Trade Mark Registry if it wants to keep up with global developments in trademark law.
Keywords: Non-Conventional Trademarks, Trade Marks Act 1999, Distinctiveness, Graphical Representation, Sound Marks, Colour Marks, Shape Marks, Smell Marks, India, Intellectual Property
[1] Non-conventional trademarks represent a growing area of intellectual property law in India.