Multidisciplinary Legal Affairs Journal

Multidisciplinary Legal Affairs Journal

Open access | Double-blind peer reviewed law journal | Multidisciplinary approach

Multidisciplinary Legal Affairs Journal

Open access | Double-blind peer reviewed law journal | Multidisciplinary approach

Multidisciplinary Legal Affairs Journal

Open access | Double-blind peer reviewed law journal | Multidisciplinary approach

A Critical Analysis on the Effect of Competition Law over Protection of Non-Conventional Trademarks - A Comparative Study of EU and US with India

Sowmiya M., Guest Lecturer, Government Law College, Namakkal

Volume 1, Issue 1 

Year: April 2024

Page: 87-102

DOI: 10.5281/zenodo.10999208 

Abstract

The puzzling field of non-conventional trademarks (NCTs) keeps expanding by recognising wide range of trademarks both visible signs (3D, hologram, gesture, motion mark, multimedia, fluid marks, position) and non-visible signs (olfactory, gustatory, tactile, sounds), this enumeration seems to get further accentuated by the robust advancement in technology (considering to protect Virtual Reality chime, digital scent, haptic feedback signature). The protectionism approach towards non-traditional marks brings complex interrogation about balancing the interest of consumers and competitors with fair market practices. This research paper seeks to comparatively analyse the nuanced approaches adopted by jurisdictions of EU, US and India to deal with the effect of competition law over protecting non-traditional trademarks. While protecting NCTs, EU being consumer centric by grappling the field of competition, US adopting broader protectionism approach whereas India being neutral and evolving to adopt particular strategy. By scrutinising the existing framework, this research paper delves to highlight the challenges of judiciary in recognising non-traditional marks without compromising on competitors’ interest and consumer preferences. This study serves for further research and policy discussions specifically in India, making headway for a stalwart legal framework which fosters innovation and authorises legitimate brand differentiation.

Keywords: Non-Conventional Trademarks (NCTs), technology, Competition law, Protect innovation, fair competition, challenges, legislative and judicial landscape – EU, US & India

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