AUTHOR: Admin
INTRODUCTION
Everyone is aware that we may protect our brand’s name, identity, value, and reputation by using trademarks. Along with this, trademarks can also be registered for a company’s name, slogans, taglines, and even signatures. But have you ever considered trade dress registration? Do you understand what a “trade dress” is, if it is protected in India, and if so, how is it registered there? These intriguing queries will all be addressed in this post.
IS IT POSSIBLE TO PROTECT A TRADE DRESS IN INDIA? WHAT DISTINGUISHES A TRADE DRESS FROM A TRADEMARK?
Both a trademark and a trade dress play a big part in helping businesses safeguard their brand from increased copying and infringement while also helping their products/services stand out distinctively in the constantly expanding worldwide market.
NEVERTHELESS, WHERE DOES THE DISTINCTION LIE?
A trade dress, on the other hand, refers to the “overall visual appearance,” or “look and feel,” of goods or services that identifies and distinguishes the originating source from others and protects all characteristics, including the “shape, packaging, colour, or graphic design of the product/services.” In general, a trademark is a mark that is graphically represented and can be a word, phrase, numeral, logo, or symbol. It should therefore come as no surprise that trade dress protection is now extended to include the “look and feel of websites, applications, and video games” in addition to actual goods and services. In light of this, the primary distinction between a trade dress and a trademark is that a trademark typically consists of the name or logo, but a trade dress comprises the complete appearance and design of the good or service.
IS TRADE DRESS PROTECTION AVAILABLE IN INDIA?
Although the current Trade Marks Act, 1999 in India does not specifically mention trade dress, it does include all of its components in the definition of the mark under Section 2(1)(m), which broadens the definition of “mark” to include “the shape of goods, packaging, and combination of colours,” and under Section 2(1)(q), which further defines “package” to include all options. Trade dress is thus legally protected under the Act’s purview.
The “common law of passing off” is another legal provision that offers protection. It doesn’t need to be formally registered and is protected in the same way as an unregistered trademark under this. Additionally, it is essentially linked to the market reputation that the trade dress has established.Please note that the historic case “Colgate Palmolive Company v. Anchor Health & Beauty Care Pvt. Ltd.” from 2003 was one of the first to particularly address the passing off of a product by utilising the same trade dress and laid the foundation for the trade dress protection in India. In the case “Christian LouboutinSas v. Mr. Pawan Kumar and Ors” (2017), the Hon. Delhi High Court made the historic declaration that “the trade dress to possess the status of a well-known mark similar to that of an actual trademark.”Consequently, the short response is “Yes. In India, trade dress is protected.
EXAMPLES OF TRADE DRESSES WITH INDIAN REGISTRATIONS
- The bottle’s “Coca-Cola” design.
- The “Gorbatschow vodka” bottle’s form.
- The “fevikwik” packet’s overall look.
WHAT IS THE PROCESS FOR REGISTERING A TRADE DRESS IN INDIA?
However, an owner may register his trade dress as a trademark under the applicable sections of the “Trade Marks Act 1999” on the government’s official website, located at https://ipindia.gov.in/, even though there is no specific method for the formal registration of a trade dress under Indian Laws.
DENOUEMENT
In addition to protecting the shape, configuration, colour scheme, and packaging of goods and services, a trade dress also extends its protection to include “websites, applications, and video games,” as was previously indicated. It is protected as a “trademark” by statutory and common law requirements and is not distinguished from one under Indian law. Additionally, in a time when everything is becoming more digital, registering a trademark and trade dress is essential to safeguarding the brand’s value from any unauthorised use and enforcing legal rights.