Regulating Shape Marks in India: Decoding the Overlap between Design and Trademark Protection

Intellectual property rights (IPR) are the exclusive rights which enable people to claim ownership of their original concepts and innovations in a broad range of industries. There are various kinds of intellectual property rights and one of them being is the trademark. A trademark is a sign or a combination of signs that is used to distinguish the goods or services of one enterprise from those of another. In simple terms, trademarks allow goods and services to be associated with their manufacturer or provider. Trademark can be for a number, name, logo, colors, coined term, color or mixtures of these or shape of goods. In India, the trademarks are protected by The Trademark Act, 1999 which was introduced by the Indian government in order to meet with the TRIPS (Trade-Related Aspects of Intellectual Property Rights) obligation recommended by the World Trade Organization (WTO). The present paper aims in analyzing the basic framework of Trademark laws, its historical background and recent development in the arena of Trade Mark especially in the Indian context. The main objective of the paper is to discuss the position of shape trademarks and its registration procedure in India. Further, to critically analyze the ongoing developments in the issue of overlap between trade mark and design rights. The paper will seek also present relevant case laws and the conclusion on the subject.