A. SOUND MARKS

When India granted registration for sound trademarks, India simply borrowed the Shield Mark doctrine which was given in the case of Shield Mark BV v Joost Kist, by the ECJ. The ECJ regarded the description of sound by its written description and held that since the written description of a sound lacked clarity and precision, it cannot be considered a graphical representation. But the Court also opined that if the sound was distinctive and people were able to recognize it, there was no reason why such sound couldn’t be registered as a trademark/Trademark registration lawyer in India.

Yahoo Inc.’s three-note yodel and ICICI Bank’s corporate jingle granted trademark status in 2008 and 2011 respectively, are two of the best examples of sound marks in the country; the former being the first sound trademark to be granted in India and the latter being the first sound trademark to be granted to an Indian entity.

Britannia Industries’ four-note bell sound, Nokia mobile phone’s default ring tone, MGM film’s lion’s roar, Raymond: The Complete Man’s musical sequence, Edgar Rice Burroughs’ Tarzan yell, National Stock Exchange’s theme song, etc. are some of the other examples of sound marks in the country/best trademark lawyers in Chandigarh.

B. COLOUR MARKS

It can be observed that the courts themselves have often delivered contradictory or conflicting judgments over the years. The exact position of color trademarks, particularly single-color trademarks in India is thus unknown/trademark registration lawyers in Delhi

The High Court of Delhi reiterated the Colgate Palmolive Co. judgment in the cases of Dabur India Ltd. v. Shree Baidyanath Ayurved Bhawan Pvt. Ltd. and Seven Towns Ltd. and Ors. v Kiddiland and Ors. A similar judgment was also passed in the case of Deere and Co. and Ors. v. S. Harcharan Singh and Ors. However, in the case of Britannia Industries Ltd. v. ITC Ltd.[8], wherein it had been alleged that the yellow and blue color combination of ITC’s Sunfeast Farmlite Digestive All Good Biscuit had been copied by Britannia’s Nutri Choice Digestive Zero Biscuit, the Delhi High Court opined that ITC was not entitled to an interim injunction in this regard as it had failed to prove that this color combination had become a “badge of its goodwill”.

Furthermore, Justice Yogesh Khanna of the Delhi High Court, in his judgment dated July 31, 2018 (“Louboutin-3”), granted a permanent injunction and punitive damages against a Delhi-based retailer for infringing the famed ‘Red Sole’ trademark of Christian Louboutin.