Before the beginning of this topic, I would just that don't think about trademark and products or services. Let's try to understand the term from the beginning. If somebody asks you what is a mark? Probably you will not define in a particular or traditional textbook style. I were you then I would simply say, that mark can be anything like the name, any alphabet, signature, numerical number, a special symbol, different colour combination and many more which can catch your eyes.
Now, extends this meaning to the business or trade. Trademark means the identity of your product or service. Bulky textbook defines it in a different manner, but here I don't want to take you to the legal world, let the advocates and lawyers read them. As a layman, we can understand the trademark by asking following questions:
- Why mark is called Trademark?
When you use a mark in your trade to distinguish your product from your competitors, then it is called trademark.
- What trademark signifies?
Trademark shows the connection of trademark owner with goods or services.
Now, I think you have understood that what is the trademark, so let's understand the meaning of unconventional trademark. Trademark normally consist of a name, a word, tagline, pictures etc. which can be visualised or seen easily, but when trademark consists of sound, taste or smell, it is called unconventional trademark.
Unconventional trademark is used normally when the target customer or public are illiterate or they are from the diverse cultural backgrounds. Because people who don't know the language due to illiteracy or otherwise they can identify the brand by its colour, shape, or combination of the colours.
Some examples of unconventional trademarks:
- Colour marks
- Shape marks
- Sound marks
- Scent marks
- Moving image
But, Trademark Act, 1999 does not recognise all these trademark's kinds and nothing is mentioned in the trademark law. But at the same time, trademark law does not prohibit their recognition under the act.