Online Trademark Registration in Ariyalur
The following types of marks will come under the category:
- Colour trade marks
- Sound marks
- Shape of goods, packaging,
- Smell trade marks
- Holograms
In order to constitute a trade mark, a color or combination of colors must be capable of distinguishing the goods or services of one trader from those of other traders. If a particular color of packaging has become distinctive in fact as indicating the goods of a particular trader, there is no reason why it should not be protected by registration.
As colour per se is not normally used by traders as a means of brand identification, unlike words or pictures, consumers are not in the habit of making assumptions about the origin of goods and services based solely on their colour or the colour of their packaging. It follows therefore that single colours will only in exceptional circumstances be capable of denoting the origin of a product or service. Marks consisting of a single colour will usually be liable to objection under Section 9(1)(a) of the Act because they inherently lack the capacity to distinguish.
Graphical representation
The law does not explicitly exclude “sound marks” from registration nor does it say that a trade mark must be visually perceptible. It only provides that the trade mark must be “capable of being represented graphically” besides capable of distinguishing.Sound marks, in a trade mark sense, are extremely rare.
As a marketing strategy, manufacturers of goods introduce smells of scents to make the use of the products more pleasant or attractive. These goods could include cleaning preparations, cosmetics and fabric softeners. Even less obvious goods are now manufactured with particular scents to add to the product’s appeal, for example, magazines, pens, paper and erasers.
There is nothing, in principle, to prevent holograms from operating as Online Trademark Registration in Ariyalur, provided they are capable of distinguishing the goods or services of one undertaking from those of other undertakings and are capable of being represented graphically http://www.trademarkregistrationconsultants.in.
