Registration of trademark in India gives the trademark owner an exclusive right to use that trademark for their brand and product. A trademark is the face of a brand, representing the vision and aesthetics of the brand. However, it is important to note that a trademark is just not limited to the logo, design or word mark of a brand.
As per Section 2(m) of the Trade Marks Act, 1999 “a mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof”.
So, you can not only register the trademark of your logo, but also the shape, colour combination, sound, texture of your product. These marks are also known as the non conventional marks. Shape marks are also one of those non- conventional trademarks which can be registered in India with the help of experienced and professional trademark attorneys around you.
The shape of a product is instrumental in shaping its brand identity. It serves as a visual representation that makes the product both unique and different, making the product easily recognizable by the customers in the competitors. Moreover, a product's shape communicates the brand's values and personality, whether it's conveying innovation, durability, or elegance. Take Apple's minimalist design, which reflects the brand's emphasis on simplicity and innovation. Additionally, product shapes can also portray emotions, promoting a deeper connection with consumers. Consistency in product shapes across a brand's lineup highlights the brand identity and creates a cohesive brand experience. When all products share similar in design ,it enhances brand recognition and memorability. Ultimately, a recognizable and appealing product shape can encourage brand loyalty, as consumers develop a preference for products with familiar shapes that they trust and identify with, leading to repeat purchases and long-term brand value. Therefore, understanding the significance of product shape in building brand identity is crucial for brands aiming to establish a strong presence in the market.
It is difficult to get exclusive rights to a product's shape under trademark law. In simple terms, a shape needs to immediately bring up a particular brand in the minds of consumers in order to be registered. Consider goods like Coca-Cola bottles and Toblerone chocolate. Their distinctive shapes let you know right away whose brand they are associated with. We refer to that as "acquiring a secondary meaning."
Recently, the Delhi High Court dealt with a case involving trademark registration for the shape of a product. This case, known as "Knitpro International V. Examiner Of Trade Marks Through Registrar Of Trade Marks," focused on whether the shape of a knitting needle could be registered as a trademark under Indian law.
Knitpro International wanted to trademark the shape of their knitting needles. They believed their needle shape was unique and recognizable, like a symbol of their brand. But when they applied for registration, it got rejected because the authorities thought it wasn't distinctive enough. They further took their case to the Delhi High Court, arguing that their needle shape had a special meaning to customers and should be protected as a trademark.
The court had to dig into the legal nitty-gritty to figure this out. According to the law, a shape can be trademarked if it's not just a regular shape of the product and if it's recognizable as a specific brand without needing any extra words or logos.
But here's the tricky part: the shape has to be really distinctive, and people have to associate it directly with the brand. This is what we call "acquiring a secondary meaning." Essentially, the shape has to become a symbol of the brand in people's minds.
The court also looked at how other countries handle shape trademarks. They found that in jurisdictions like the US and UK, the rules are a bit more flexible. But in India, the court decided to set a high bar to trademark shapes. tThe hon’ble Delhi High court stated that not only does the shape need to be distinctive, but it also needs to have this special secondary meaning.
So, what does all this mean? Well, it means that getting a trademark for a shape in India just got a lot tougher. Companies will have to work harder to prove that their shape is truly unique and linked directly to their brand. And if the shape is too common or functional, it might not qualify for trademark protection at all.In short, trademarking shapes in India is a bit of a legal battle, but the court's decision has clarified some important points about what it takes to protect a shape as a trademark.
Furthermore, In the case of Zippo Manufacturing Company v. Anil Moolchandani and others, the Delhi High Court stepped in to protect the rights of Zippo Manufacturing Company, a well-known lighter manufacturer. The Delhi High Court agreed with Zippo, saying that selling fake lighters under the Zippo brand name or copying their distinctive 3D shape could seriously harm consumers. Imagine paying a premium price for what you think is a high-quality Zippo lighter, only to end up with a cheap knockoff. So, the court put a stop to it, ordering those involved to stop selling the counterfeit lighters. This case shows how important it is to protect consumers from being tricked into buying inferior products and to uphold the rights of companies like Zippo Manufacturing Company, who work hard to build a trusted brand.
If you want to trademark the shape of your goods in India, you need to follow specific steps laid out by the Trade Marks Act, 1999, and the Trade Marks Rules, 2017.
First, the applicant fills out a trademark application form and pays the required fees to the Trade Mark Registry of India. This form needs to include details about the shape they want to trademark.
Now, here's where things get a bit more detailed. According to Rule 26(3) of the Trade Marks Rules, 2017, if someone wants to trademark the shape of their goods, they need to provide some extra documents along with their application. These documents help the authorities understand exactly what the shape looks like and why it should be trademarked.
The additional documents required are:
A written description of the shape mark using words. This description helps clarify what the shape is all about, especially if it's a complex or unique shape that might not be immediately obvious from a picture.
By providing these documents along with their application, the applicant helps the Trade Mark Registry understand the shape they want to trademark and why it's unique and deserving of protection. This trademark registration process ensures that only genuinely distinctive shapes are granted trademark status, maintaining the integrity of the trademark system.
Registering a shape mark in India involves satisfying certain criteria set forth by the Trade Marks Act, 1999 and its accompanying rules. Here's how the process works:
Firstly, to qualify for registration, the shape mark must be distinctive, meeting the standards outlined in Section 9 of the Trade Marks Act, 1999. This means it must stand out and be easily identifiable as associated with a specific brand or source.
However, there are three key conditions under Section 9(3) that a shape mark must exclusively fulfil:
Relating to the nature of the goods: If the shape of the product is inherent to its nature, like a football, it won't be eligible for protection since it is a natural aspect of the product.
Required for a technical result: If the shape serves a technical function or is essential for achieving a particular result, it cannot be registered. For example, if a product's shape is crucial for its functionality, like in the case of a three-headed rotary razor, it won't be granted protection.
The procedure for applying for registration of a shape mark is outlined in Rules 26(3) and 26(4) of the Trade Marks Rules. If the initial documents submitted are insufficient to evaluate the distinctiveness of the shape mark, the Trade Mark Registry may request the applicant to provide:
Graphical representations from at least five different visual angles of the shape mark.
A detailed written description of the shape mark.
Samples of the relevant product if necessary.
By following this procedure and meeting the requirements laid out by the TMA and its rules, applicants can increase their chances of successfully registering a shape mark in India.
Registration of shape trademarks in India will not only boost your brand value but will also make your product unique and different in the eyes of customers. To easily register your shape mark in India, you need the help of professional and experienced trademark attorneys, who will help you at every step of trademark registration.
We at Compliance Calendar ensure that we not only register your trademark successfully but also protect it in the long run. Our team of experienced and professional trademark attorneys help businesses and individuals to have an easy and smooth trademark registration process without any hassle. We are a one stop solution for all your trademark needs. Are you also looking to get your trademark registered or stuck in any trademark procedure? We are here to help you anytime! For any further clarifications and suggestions, kindly connect on 9988424211 or mail at info@ccoffice.in.