SHAPE TRADEMARK

Indian courts have also been more or less consistent in their judgments with regard to shape as a trademark. In the case of Lilly ICOS LLC and Anr. v. Maiden Pharmaceuticals Ltd. wherein it had been alleged that the almond shape of the plaintiff’s product had been copied by the defendant, the Delhi High Court passed judgment in favor of the plaintiff and thereafter issued an injunction against the defendants in this regard as it was of the opinion that the defendant had adopted such shape with deceptive intent. Furthermore, in the case of Gorbatschow Wodka KG v. John Distilleries Ltd., the Bombay High Court held the shape of the plaintiff’s vodka bottles to be a trademark and thereafter granted them an injunction against the defendants as it agreed with their claim that the shape of their bottle was distinctive in nature and also contributed to the goodwill of their product/trademark lawyers in Delhi.

It is also important to note that even prior to the enactment of the present Act, the shape had been recognized by the Indian Judiciary as a trademark. In the case of MRF Ltd. v. Metro Tyres Ltd. in 1990, wherein the plaintiff had sought a permanent injunction restraining the defendant from manufacturing and selling tires with tread patterns similar to their own, the Delhi High Court favored the plaintiffs as it was of the opinion that similar patterns as in the present case would result in confusion amongst consumers with regard to the origin of the product. A similar judgment was also passed later on in the case of Zippo Manufacturing Company v. Anil Moolchandani and Ors. in 2011/patent registration lawyers in delhi

In conclusion, I have attempted to cover almost all the unconventional trademarks which have been found to infringe or be in conflict with other’s trademarks. Though unconventional they may sound or appear, they have the potential of serving as “a strong source indicator”, which is one of the key features that a trademark must embody. Thus, it can be seen that these unconventional trademarks are not mere fads but are expected to remain for long to come and will most probably be displayed on packages and products across the globe/copyright registration lawyers in Delhi

Trademark registration systems have evolved around mostly conventional subject matter i.e. something that is visual and consists of words or devices. Registration of unconventional trademarks like smells marks, color marks sound, and shape marks are yet to gain momentum in the trademark world.