In the evolving landscape of branding and marketing, traditional trademarks such as words, logos, and symbols are no longer the only tools for brand recognition. Businesses now seek to distinguish their products through unconventional trademarks, including sounds, scents, colors, holograms, and even motion. This paper critically analyzes the legal frameworks governing such non-traditional marks in India and compares them with international regimes, particularly in the United States and the European Union. It highlights the challenges surrounding registration, distinctiveness, and enforcement, and explores the scope of legal reform to accommodate the dynamic nature of modern brand identity.
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