Issues in Graphical Representation of Color Mark

Intellectual Property Rights Research Paper

SUBMITTED BY SUBMITTED TO
Name-Amulya Anand Dr. M.R. Sreenivasa Murthy
Semester- VI B Associate Professor
Roll no- 917

NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW

RANCHI

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 Issues in Graphical Representation of Color Mark

1. INTRODUCTION: A trademark is a type of industrial property which is distinct from

other forms of intellectual property, which is used to distinguish a business or services.
Conventionally, a traditional trademark comprises a name, word, phrase, logo, symbol,
design, image, or a combination of these elements1.1 However, there are certain other ‘non-
traditional’ trademarks which have gained prominence in recent times and include sound
marks, odour marks, colour marks, shapes and taste marks. The Trademark Act, 1999
(hereinafter referred as “the Act”) defines “trademark” under Section 2(1)(zb) as “a mark
capable of being represented graphically and which is capable of distinguishing the goods or
services of one person from those of others and may include shape of goods, their packaging
and combination of colours.” Under this provision, the mark should satisfy certain conditions
to fulfil the criteria of trademark. The words “a mark capable of being represented
graphically” provide that the mark should have a fixed point of reference. Under Section 2(1)
(k) of Trademark Rules, 2017 states that “graphical representation” means the representation
of a trademark for goods or services represented or capable of being represented in paper
form and includes representation in digitized form. A cursory reading of the above provisions
state that one of the foremost conditions to be categorized as a trademark is that the mark
must be able to represent graphically.

Color is so powerful that it can influence thinking, reactions, and stimulate bodily hormones.
It holds an array of meanings that manifest in the natural world, a ton of meanings that you
can write papers about it, as well as in the diverse cultures around the world. Color digs
deeper in human psychology; thus, designers can benefit from harnessing and incorporating it
in their designs. And the other point to keep in mind is that color attracts more quickly
compared to the sign, logo etc. the color registration is the new way of the representation in
the market. Further the color depletion theory keeps the restraining pavement between the
registration and rejection.

2. Relevant legislation
1
Kerly D M, Law of Trade Names and Trademarks (Sweet and Maxwell, London), 2005, p.12

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 Below are the few relevant domestic and interational legislations.In Swizzels Matlow Ltd's
Application (no 2), the Court clarified two main purposes behind the necessity for the criteria
for graphical representation:

a) To empower traders to recognize, with clarity, what other traders (carrying on a similar
business or something else) have applied for registration as a Trademark, and for which
product.

b) To empower people in public to decide, with accuracy, the sign which forms the subject of
the trademark registration.2

The Trademark Act, 1999 under Section 2 (zb) defines “trade mark” as a mark capable of
being represented graphically and which is capable of distinguishing the goods or services of
one person from those of others and may include shape of goods, their packaging and
combination of colours…”tion 2(m) which enumerates a mark to include a device, brand,
heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or
combination of colours or any combination thereof.3

Section 9: refusal of trademark Absolute grounds for refusal of registration. –

(1) The trademarks – (a) Which are devoid of any distinctive character, that is to say, not
capable of distinguishing the good or services of one person from those of another person.

(b) Which consist exclusively of marks or indications which may serve in trade to designate
the kind, quality, quantity, intended purpose, values, geographical origin or the time of
production f the goods or rendering of the service or other characteristics of the goods or
service.

(c) Which consist exclusively of marks or indications which have become customary in the
current language or in the bona fide and established practices of the trade.

Section 15(1): Any sign, or any combination of signs, capable of distinguishing the goods or
services of one undertaking from those of other undertakings, shall be capable of constituting
a trademark. Such signs, in particular words including personal names, letters, numerals,
figurative elements and combinations of colours as well as any combination of such signs, shall be
eligible for registration as trademarks. Where signs are not inherently capable of distinguishing the
2
SwizzelsMatlowLtd’s Application (No.2), (2000) ETMR 58.
3
The definition of mark in section 2(1)(m) and ‘trademark’ in section 2(1) (zb) of the Trademarks Act, 1999
expressly includes ‘combination of colours’ as a mark that can be registered as a trademark.

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relevant goods or services, Members may make registrability depend on distinctiveness acquired
through use. Members may require, as a condition of registration, that signs be visually perceptible. 4

Thus, it becomes clear that in order for a colour to be a trademark, the test is three
foldfunctionality, source indication and distinctiveness.5

The Indian Courts have also addressed the issue of use of a single colour and has
categorically stated that a single colour cannot be inherently distinctive. 6Recently, Cadbury’s
tried registering purple colour as their trademark but it was not accepted. 7However, with
regard to a combination of colours, the position is clarified by statute and the requirement of
colours having acquired secondary significance like that of the white and red in the case of
‘Colgate’ dental products along with the inscription of Colgate in a certain manner seems
uncontroversial.8

a) Registration of Colour Trademark:

The procedure of registration of colour trademark is given in the Trademark Act. As a

matter of first importance, the individual who needs to procure registration to file an
application for registration of trademark in the regard of goods or services to the
competent Registrar of Trademark. The application can be either accepted or rejected by
the Registrar. If the application is accepted, then the application is advertised. After the
advertisement if there is no opposition for the application then the particular trademark
shall be registered by the Registrar.

b) Registration of Single colour:

Trademark Registration of single colour trademark is allowed in irregular cases because

large number of the normal consumers not expect the origin of goods and services based
exclusively on their colour. On the presence of two things it can be registered. They are i)
If it is not very usual and peculiar in a business or business organizations

ii) If it is recognised by customers that it serves as a symbol of origin for particular goods. In
majority of the cases application for single colour trademark registration is questioned by the
4
Section 15 of TRIPS, https://www.wto.org/english/docs_e/legal_e/27-trips_04_e.htm
5
Londe Anne Gilson La, Cinnamon burns, marching ducks and cherry-scented racecar exhausts: Protecting
nontraditional trademarks, Trademark Reporter, 95 (2005) 773.
6
G M Pens International v Cello Plastic Products Co, MANU/DE/3047/2005.
7
http://www.trademarkregistry.cadbury/application (12 November 2006).
8
These traditional theories have also been overruled by the Indian Court in the case of Colgate Palmolive Co v
Mr Patel, MANU/DE/1641/2005.

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Trademark Examiner since they do not have the ability to distinguish particular products
from an alike product.

c) Registration of combination of colour:

Trademark Registration of trademark is allowed for the combination of colours. Two things
are required for this reason:

• They should be unique

• They are capable of distinguishing goods and services from one individual from that of
other. For obtaining combination of colour trademark registration it is necessary to prove that
the colours are probably going to strike the consumer as a sign of trade source. To stay away
from any sort of objection evidences should be presented at the time of registration which
unmistakably shows that colour trademark is capable of representing product of a specific
business organisation and it is exclusively identified with the business only. In India single
colour trademark registration is very uncommon. When compared to single colour trademark,
the number of registration for the combination of colour trademark is very huge, even though
the registration procedure is same for both9 .

3. To analysis the existing issues and conflicts related to color mark.

When we turn to look at colour marks, it would be appropriate to examine them in two
groups, "single colour trademarks" and "colour combination trademarks". In practice, it is
accepted that trademarks consisting of colour combinations are more distinctive than single
colour trademarks10.

Difficulty in establishing the distinctiveness To establish and fulfill the formalities for the
trademark registration of the single color. Difficulty due to limited color and the existence of
the color depletion theory. Refusal of registration due to color similarity.

The conflict has been discussed in two different categories that is the single color registration
and registration of the combination of the colors. While the laws differ on whether a single
color trademark may be registrable and on the evidence required for registration of a color

9
Dev Gangjee, NON-CONVENTIONAL TRADE MARKS IN INDIA, 22 (1) NLSI Rev 67 (2010).
10
Protecting non-traditional trademarks, Managing IP correspondent, 2019, 04 may. Visited on April 10, 2020
https://www.managingip.com/article/b1kblzntzxv77k/protecting-non-traditional-trademarks

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trademark, the United States, the EU, China and Japan are uniform in refusing to register
functional color trademarks.11

4. Settled guidelines around the world for the graphical representation of color mark
through case-laws

In Libertel v Benelux, the CJEU considered whether a Dutch telecommunications company

could register the color orange for telecoms goods and services. Contrary to the Advocate
General’s opinion, the court held that a color per se, which is not bound by any shape or
outline, is capable of being registered as a trade mark. However, to satisfy the conditions of
Article 2 of the Trade Mark Directive (i.e. Section 1(1) of the Trade Marks Act), the color
must also be a sign capable of distinguishing the goods/services of one undertaking from
another.

In Sieckmann v Deutches, the CJEU addressed wither the smell of cinnamon (ethyl
cinnamate) could be registered as a mark. The Court held that smell could be a sign under
Article 2, but it must also be capable of being represented graphically – which despite the
sample and chemical formula, did not satisfy that requirement. The thrust of Seickmann and,
later Libertel, was that the requirement for graphical representation necessitated that the mark
be described with sufficient clarity, precision intelligibility, objectivity and accessibility so
that the scope of the proprietors’ right was clear and certain. A color may constitute a sign
(when accompanied with a description in words and a designation of the color using an
internationally recognized identification code such as Pantone), but it cannot be presumed to
be a sign and much depends on the context in which it is used. In re Cook Medical
Technologies LLC12, which provided precedence for refusing to register a mark in the field of
medical products based on color similarity.

Heidelberger Bauchemie was the third case referenced. In that case, a combination of blue
and yellow “in every conceivable form” was considered. Again, as in Libertel, the Advocate
General stated that colors without any spatial limitation did not fulfil the requirements of
Article 2 as they did not constitute a sign capable of graphic representation but the CJEU
disagreed holding that the Court’s decision in Libertel was sound – that colors per se were
capable of being a sign. The Court again made clear that the purpose of the graphical

11
Lending Color to Trademarks: Protection and Enforcement of Color Marks in the U.S., EU, China and Japan,
Vol. 70 No.12, Froemming John, Marc Groebl, Visited on April 10, 2020
www.inta.org/INTABulletin/Pages/ColorMarks_in_US_EU_China_Japan_7012.aspx
12
In re: Cook Med., Inc., IVC Filters Marketing, Sales Practices & Prods. Liab. Litig., 53 F.Supp.3d 1379.

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representation requirement (clear, precise, intelligible, etc) was to prevent a proprietor who
would have an unfair competitive advantage.

The fourth case was Dyson v Registrar of Trade Marks where Dyson sought to register the
transparent collection chamber of a vacuum cleaner as a trade mark. The CJEU in Dyson
reaffirmed its decisions in Libertel and Heidelberger and held that because the mark was for
“all conceivable shapes” of a clear collecting bin, this did not satisfy the requirement that the
graphically representation be clear and precise. Around the world there are several single
colours that have been granted trademark protection under their prevailing laws. 13 For
instance, the US courts have held that a colour could be given trademark protection provided
the colour has acquired 'secondary meaning'14. The courts in India have, however, been
holding an uncanny stance in this regard. In the year 2007, the Delhi High Court, in Cipla
Limited vs M.K. Pharmaceuticals15 did not allow trademark protection to a blister packaging
containing a distinctive orange coloured, ovalshaped tablet. John Deere on the other hand was
given protection for its green paint with yellow strips on its vehicles manufactured for
agricultural use.16 The blue colour of Parachute oil bottle was also granted protection by the
Delhi High Court.17Other successful cases of single colour trademarks registrations include
entities like Victronix AG (#1394234- brown colour label) and Telekom AG (#1462271-
magenta colour label) have successfully registered their single colour marks in India18.

5. To find out the conflict of functionality principle in color marks.

One of the non-conventional mark which forms a grey area in the Trademarks law is the
single color trademark as single color inherently lacks distinctiveness and it becomes very
difficult for consumers to identify the source of goods or services just by single color. 19The
confusion starts with the similarity in colors and fine difference in the shade of color mark of
the senior and the junior user. Some courts blithely assume that because there are hundreds of
scientifically identifiable shades, consumers can distinguish between them to identify
hundreds of different commercial sources by fine variations in shade and that therefore colors
13
Single Colour Trade Marks, Intellectual Property Owners Association
14
Qualitex Co. vs. Jacobson Products Co. Inc. 514 U.S. 159(1995)
15
Cipla Limited vs M.K. Pharmaceuticals MIPR 2007 (3) 170
16
Deere & Company & Anr. Vs. Mr. Malkit Singh & Ors. CS(COMM) 738/2018 Decided on 08.08.2016
17
Marico Ltd. vs. Mr. Mukesh Kumar & Ors. 2018(76)PTC168(Del)
18
IP Expressions, A biannual publication from the Office of Controller General of Patents, Designs and
Trademarks, India Vol No.1 Issue 2, January, 2015.
19
UK: Colour Marks: The Issue of Trademarking Colours, Jack Kenny.

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will never be “depleted” and no one will be confused. It is very difficult for the owner of the
product to establish the distinctiveness and Similarly, if the trademark is granted on a single
color it is deemed to attract opposition from other players in the market and objection under
Section 9(1)(a) of the Trademarks Act, 1999, as no one will let go the right to use that color,
the obvious reason being that there are a limited number of colors (color depletion theory)20

In a recent case involving service mark infringement, T-Mobile US, Inc., et al. v. Aio
Wireless LLC,21 a district court found that Deutsche Telekom AG and T-Mobile US, Inc.’s
(T-Mobile’s) magenta color (shown below) had acquired secondary meaning within the
wirelesstelecommunications industry. The court granted T-Mobile’s request for a preliminary
injunction against the defendant’s “use of large blocks or swaths of Pantone 676C and
confusingly similar shades in its advertising, marketing, and store design.”

In the seminal case on color trademarks, Qualitex Co. v. Jacobson Products Co., Inc., 22

(“Qualitex”), the Supreme Court rejected the shade confusion argument as a reason for the
traditional ban on a single product color as a trademark. The Court indicated that the practical
problem of deciding an issue of shade confusion is no more difficult than determining
whether differences in word marks would be likely to cause confusion. In this case the court
held that colour may be used as a trademark when it has acquired secondary meaning. This
indicates that a colour by itself cannot be inherently distinctive. To assess whether a colour
has acquired secondary meaning, the following factors have to be considered:

 Extent of third party use;

 Any kind of sales and advertising of the product should direct the attention of the consumer
towards the colour of the product; and
 Consumer studies and surveys should indicate towards the importance of the colour. Even
for something like drug capsule colours, the trend seems to be to see not whether the
colour is functional in the utilitarian sense but rather whether the colour has become a
generic indication of a type of drug regardless of source 23.

The purpose of the present article is to give a general perspective about non-traditional
trademarks and how Mexican jurisdiction has recently adopted the protection of these signs,

20
India: Protection and Enforcement of Colour Marks- Shilpi Jain
21
T-Mobile US, Inc., et al. v. Aio Wireless LLC, 991 F. Supp. 2d 888 (S.D. Tex. 2014)
22
514 U.S. 159, 34 USPQ2d 1161 (1995)
23
McCarthy J Thomas, Trademarks and Unfair Competition, Vol 3 (West Group, St Paul Minn), 1996, 7-115.

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including some of the main problems that trademark lawyers have been facing in relation to
their graphical representation.

As diverse marketing strategies have led companies and other actors in commerce to generate
besides three-dimensional shapes, other forms of distinctiveness such as sounds, smell and
dynamic images, among others, to distinguish their products and services and have
successfully managed to get consumers to identify this type of sign perceptive by human
senses, the traditional concept of trademark has transformed to other aspects that are not
words, symbols, designs, or a combination thereof.

Considering the above and the effort among WIPO (World Intellectual Property
Organization) countries to harmonize legislations in relation to trademarks to protect non-
traditional marks, Mexico enacted an amendment to its Mexican Industrial Property
Legislation that came into effect past August 10, 2018, where protection over non-traditional
marks was recognized.

Consequently, Mexican Trademarks Office through its recent named General Director Juan
Lozano, has granted into registration the first non-traditional certificates of registration within
the scope of olfactory marks, sound and commercial image, as we will refer further in this
paper.

It is important to have in mind a definition of a non-traditional trademark since this concept

can be extremely wide and ambiguous. The Standing Committee on the Law of Trademarks,
Industrial Designs and Geographical Indications, that is a permanent committee responsible
for studying trademarks, designs, and geographical indications, that was stablished by the
World Intellectual Property Organization (WIPO), upon its analysis of the non-traditional
trademarks, divided them into visual trademarks and non-visual trademarks, being as
examples of the first ones, three-dimensional marks, color marks, holograms, slogans, titles
of films and books, motion or multimedia signs, position marks, gesture marks, and what
regards to non-visual trademarks, we can include sound marks, olfactory marks, and texture
of feel marks.

As non-traditional trademarks emerged into law scenario, it also came into reality some
outstanding issues, such as the manner in which they must be represented graphically, in
order to be filed with the application before each of the Trademarks Offices, since a clear and
precise graphical representation ensures that all the rights and liabilities established under the
law are available.

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Some types of non-traditional trademarks and their main aspects of registrability.
Since the variety of non-traditional marks is wide, we will make a brief analysis of the ones
we consider the most relevant, i.e. olfactory marks, sound marks, trade dress and color marks.

1. Olfactory marks.

As we know, people interact not only through sight and sound but also through smell, since it
evokes different memories and associations for human mind, and although smell cannot be
perceived identically by all of us, it can be registered as a trademark and have legal protection
in Mexico and other countries such as the United States.

The importance of olfactory marks is that they evoke the consumer’s olfactory memory by
helping them to identify a product or service and to relate it with the trademark with the use
of smell, being attached directly to the good or service itself, its packaging of place of
rendering.

In olfactory marks, the main challenge is to give to the Trademarks Office a description of
the smell that is precise enough to indicate its distinctive character, and also we must take
into consideration that the characteristic smell of a trademark must be uniformly and exactly
the same on all occasions, since the trouble with smells is that they can be impacted by other
factors such as humidity and wind conditions, that can strengthen of weaken the potency of a
scent.

In light to the above, proving that consumers perceive a particular scent as a trademark rather
than merely an appealing future of the goods or services is a difficult task, in addition with
other countries such as the United States, in which description of scent marks registered with
the USPTO are relatively vague and a court may have difficulty enforcing the scent of bubble
gum, cherry, grape, strawberry, vanilla.

Scent marks can be divided into three categories according to the type of product or service
they relate to: “Primary scent marks” are those which have for sole purpose the emission of a
fragrance, such as perfumes, air fresheners, “secondary scent marks” include products or
services that do not serve the main purpose of the object but which nonetheless from a
necessary attribute, such as soaps and detergents, and “unique scent marks” that are
concerned with products or services which are not enhanced as such by addition of a scent,
such as embroidery yarn.

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In Mexico, there are no clear parameters in relation to the graphic representation of olfactive
marks. What practice has shown us, is that, it could be integrated into a material support such
as a paper or cotton with impregnated aroma or a container with the essence or fragrance or
detailed description of the scent, or the product “per se” with the purpose of obtaining an
effective representation, since it will help the examiner in charge to make a decision in
relation to its distinctive character vis a vis preexistent registered olfactive marks and the
nature of the good or service to be distinguished.

One of the first certificates of registration granted in Mexico in relation to olfactive marks
was given to Sureste Sustentable S.A. de C.V., for a bamboo-smelling paint and to Hasbro
Inc., “Play-Doh”, for a toy modelling dough that smells a combination of sweet with a
vanilla-dyed fragrance, cherry and the natural scent of dough based on wheat flour.

The main aspects to consider on olfactory marks would be the challenge of the graphical
representation in order to describe to the examiner the exact smell that is distinctive enough
in relation to the related products or services, since it is not possible to register the smell of
“butter” to distinguish “butter”, since one of the main purposes of trademarks is to have
exclusivity of use, and should not allow other competitors from using smells that are
intrinsically related to the nature of the involved good or service.

1. Sound marks.

There is another type of non-visual and non-traditional trademarks that we consider important
to refer in this paper, and these are sound marks, that have become over the years, as
elements to help consumers to distinguish a particular service or product from another.

In what refers to sound marks, the criteria of having a distinctive character of a sound mark
applies in exactly the same way as to other types of trademarks, since the registrability of a
sound mark depends on “whether the sound is capable of identifying the goods and services
as originating form a particular undertaking, and distinguishing it from others”.

As sound marks, all types of sounds that goes from jingles, to noises, songs or sound of
flowing water may be protected, being one of the most famous worldwide sound marks the
musical notes G,E,C played on chimes as a trademark for NBC radio broadcasting services,
the MGM lion’s roar, the song “Sweet Georgia Brown”, for the Harlem Globetrotters
basketball team, and the spoken letters for “AT&T”, with a distinctive musical flourishing in
the background.

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Sound marks are non-traditional trademarks that have a wide variety of graphical
representations, since applicant may use a lot of different variations, including musical
notation, the combination of consecutive notes, the combination of the spoken words which
are superimposed over musical sound and others, being in Mexico the first sound mark was
granted to Grupo Gran Cafe de la Parroquia Veracruz, S.A.P.I. DE C.V., of the sound of a
spoon that strikes three times a coffee glass.

1. Trade Dress.

We cannot leave out the important concept of trade dress as a part of non-traditional
trademarks, which may provide a distinctive appearance to a product or service, including
labels, wrapping and containers used to package a product, such as milk cartons, or the soda
bottle that has unique form and color, that is familiar to consumers, or the decoration of a
determined restaurant or store.

The most common way to graphically represent a trade dress, is to attach a photo or a
drawing of the involved shapes, lines, design and colors with the description in the
application trademark, showing the three dimensions height, width and background, without
showing the functionality of the three-dimensional figure or shape in question, adding a
description of the characteristics of the three-dimensional shape for the purpose of delineating
in detail what the trade dress is about, providing the necessary information and to make it
comprehensible to the examiner.

In what respects to color marks, their graphical representation can be admitted by a written
description of color or its designation by an identification code recognized internationally,
named the Pantone Code, which is a commercial system that designates specific shades
numerically and categorizes over thousands of shades by unique codes, in addition with a
general description of the color or combinations, and also to the way in which the color will
be applied to the goods or services.

The interesting thing about color marks is that the trend seems to be to notice not whether the
color is functional in the utilitarian sense but rather whether the color has become a generic
indication of a type of the product or service by itself, since the main issue is to prove
distinctiveness in relation to one single color.

Although there are other non-traditional trademarks that we did not enter into study, the most
important ones have been referred in this paper, with the purpose of letting the reader know

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the most relevant issues that trademark lawyers face due to the growing wave of non-
traditional trademarks, including their graphical representation, which will have to be
perfected as time goes by.

In the end, considering that the details of the protection of each type of non-traditional
trademarks still differ from country to country, it can be said that we all have to reach an
agreement in relation to have a clear standard to generate a conclusive definition of the ideal
way to graphically represent each one of them and closely work with counsel to ensure
proper protection of the mark.

REVIEW OF LITERATURE

In Libertel v Benelux, the CJEU considered whether a Dutch telecommunications company

could register the color orange for telecoms goods and services. Contrary to the Advocate
General’s opinion, the court held that a color per se, which is not bound by any shape or
outline, is capable of being registered as a trade mark.

In Sieckmann v Deutches, the CJEU addressed wither the smell of cinnamon (ethyl
cinnamate) could be registered as a mark. The Court held that smell could be a sign under

13
Article 2, but it must also be capable of being represented graphically – which despite the
sample and chemical formula, did not satisfy that requirement.

OBJECTIVES OF THE STUDY

The objectives of this study is:

1. To study the changes in the act does the authors and owners feel protected about their
work.
2. To study and find the authors and owners necessary changes done according to their
requirement.

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3. To study the changes that the society pave way for any incentive or further
development of the owners or authors.

RESEARCH QUESTIONS

1. With the changes in the society, what are the relevant legislation attached with it?
2. To analyse the different issues associated with color mark?
3. What are the settled guidelines around the world for the graphical representation of
color mark?

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 RESEARCH HYPOTHESIS

1. Do the relevant legislation really protected with the changes evolved.

2. Are the existing issues associated with color mark changing with changes in
requirement.
3. Do the settled guidelines find any incentive to work with the emerging changes.

RESEARCH METHODOLOGY

The research design of this research paper is descriptive, which allows the person to provide
insights and if not clear with any problem or statement the person can conduct exploratory
research.

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 SCOPE AND LIMITATION OF THE STUDY

The scope of this research work is on the works of the authors and owners during the changes
brought in the copyright society, and discuss the legal aspect of the societies of this decade.
The limitation of this research is lack of available and reliable data.

Conclusion

The conclusion of the present paper, keeping in mind the registration legislations available of
various countries it is clear that the while dealing with all the provisions of Non-conventional
trademarks it is clear that the present legislation has made the registration of Non-
conventional trademark more difficult, since there is no separate registration procedure for
Non-Conventional Trademarks. So necessary steps have to be taken by the Legislature to

17
amend the present Trademark Laws which will make the Registration of Non-conventional
much more easier. And the amended trademark legislations and the current amendments
made shows the way to the economic and liberal approach of the legislature and the judiciary.
Although the single color registration is still not a cake walk and requires a long process and
efforts of the owner.

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