INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT

CAN YOU RECEIVE A TRADEMARK FOR A QR CODE IN INDIA

Name: Shane Fernandez

Roll No: KH.NS.U3MLM22088

Before we get into if trademarking a QR code is possible, let's briefly look at how a QR code
works.

Quick Response (QR) code can be thought as a machine readable language that mobile
devices and scanner can read to give us the desired output. There are a few components of QR
that play a role in its functionality:

a. Data Modules: these are the black & white shapes of the code that store the information
which should be shown to the user scanning it.
b. Finder Patterns: these are the big square at the corners of the code that enable the scanners
to recognise the QR code accurately and efficiently.
c. Quiet Zone: it is the white space that covers the code and spread along the boundaries,
which help the scanner to locate the finder patterns.
d. Alignment Markers: help the scanners determine the orientation of the code, which enables
the scanners scan in any direction.

Now to answer the question at hand. Can a QR code be a Trademark?

Short Answer, No you cannot trademark a QR code by itself.

Trademarks only protect names, logos or slogans, which should be unique recognizable and
distinguish better your competitors.
QR codes in and itself serves as a functional data code and is a standardized symbol used
globally. They lacks any uniqueness or you could say it is not distinct enough to require
trademark protection.
But, the content that is encoded in the code may be subject to copyright or other IPR protection.
You could trademark a logo or brandname that features a QR code as part of the logo.

It is crucial to be aware that improper usage of QR codes without the required authorization
might lead to customers uncertain about the legitimacy of products and services. This may
ultimately have a detrimental effect on manufacturers' reputations, costing them money and
clients.

A few more reasons why QR codes cannot be a trademark in itself are:

1. Dynamic nature: The data that QR codes encode is often subjected to change, which further
reduces the viability of trademarks.
2. Harm to competition: By preventing others from accessing this vital technology, trademark
protection for QR codes may have a detrimental impact on competition.
3. Limited creative expression: Since QR codes design components are restricted to their
functionality, there isn't a lot of room for creativity or brand recognition.

In India, lawsuits have highlighted the importance of trademark protection for QR codes. Various
sources online mention that:

" Under the Indian Trademarks Act of 1999, trademark registration of QR codes raises several
questions concerning public policy, customary use, and distinctiveness, which may be difficult to
overcome. However, it doesn’t imply that QR codes can’t obtain Trademark Protection in India. "

So to conclude, India can take advantage of the potential of QR codes for innovation while
protecting the rights of creators and businesses if the appropriate legal framework and
awareness are in effect.