Does trademark include shapes and or combination of colors?
Under the Trade Marks Act, 1999, (“Act”), as per section 2(1)(zb), “trade mark” means 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 colors and as per …
Can trademarks only be letters shapes and colors?
Unlike sounds, the colour or shape of a product is never inherently distinctive and must have acquired distinctiveness to be registered on the Principal Register (seeTMEP 1202.02). Shapes and colours that are deemed functional are incapable of serving as a trademark and should be protected by patents (if at all).
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
What qualifies for a trademark?
Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.
Is Coca Cola a trademark?
The Coca-Cola Corp owns the trademark to the name Coca-Cola, as well as the trademark on the bottle shape, and the graphic representation of their name. These are all things that help distinguish them from other cola brands and define their individual product. Coca-Cola also owns the patent on their formula.
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
Is logo a trademark?
Generally, logos and designs that are used as brand identities for representing businesses are protected as trademarks. As they are original artistic works that have an element of creativity, they are also protected as copyrights.
What shapes Cannot be trademarked?
Under copyright law, a simple shape, or one that is commonly used, cannot be copyrighted on its own. For example, no one can own exclusive copyright in a square, circle, oval, or diamond, or the common fleur de lis.
Is shape of bottle protected by trademark?
India: Shape Of A Bottle Under Trademark Scanner. What’s in a shape of a bottle! … Under the Trade Marks Act 1999, the shape of goods is now statutorily recognized as being a constituent element of a trademark.