With the increase in globalization and cross-border trade, intriguing types of trademarks are trending and have become a crucial tool to signify a company’s identity. Business companies across the globe understand the utmost importance of the internet and different social media platforms and are therefore enhancing their logo with unique visual effects and animation.
The reason why there has been a sharp increase in moving logos being incorporated as trademarks by many companies is that the contemporary market is now innovating new products with sensory and unique experiences to leave a mark on their customers and develop a distinct and novel reputation.
Motion Trademarks in India
A motion trademark refers to a moving logo used by a company as a creative and innovative marketing approach to attract customers to their business offerings. A proposed motion trademark can be made with the help of animations, different computer programs, or any moving object existing around the company.
While applying for the Trademark Registration of a motion mark in India, it is essential to ensure that the mark is capable of being depicted on paper. Filing a Trademark Application for a motion mark involves the same requirements of evaluation as other forms of trademarks; however, motion marks account for a very small fraction of trademark applications submitted in India. During the filing of the trademark application for a motion mark, the applicant should ensure that the movements occurring in the mark should be represented in sequence as presented for the product or brand in question.
The most critical aspect that may be subject to the Trademark Protection of a motion mark is the succession of images in the said mark.
The Indian Trademark Law and Motion Marks
Previously, the trademark applications filed for motion marks in India couldn’t meet the requirement of graphical representation, which made it difficult for the applicants to register their motion marks as trademarks.
The prime reason behind the rejection of the registration of motion trademarks lies in the said mark’s inability to represent itself graphically. Furthermore, even if the proposed motion trademark is rendered before the trademark registrar graphically, the graphical representation must be crystal clear, self-contained, precise, intelligible, easily accessible, objective, and durable.
Under Section 2(1)(zb) of the Indian Trade Marks Act of 1999 (referred to as ‘Act’ further in this article), a trademark is defined as “a mark, which is capable of being presented graphically and is capable of distinguishing goods or services of one person from those of others and may include the shape of products, their packaging, and combination of colors.”
Therefore, we can say that the definition of a trademark in this Act is all-inclusive and includes anything and everything capable of distinguishing the product in question and being represented graphically.
It is imperative to note that during the examination stage, a motion mark can never be presented in its pure form. It is required to be presented before the trademark registrar as a combination of all the aspects that it comprises; for instance, in the case of Nokia, both sound and movement were presented together in its logo.
The Act, along with other rules, regulations, and laws, expanded its purview to accommodate protection to various types of non-conventional trademarks, which now makes it pretty convenient for the applicants to register marks based on smell, touch, motion, shape, and so on.
For the registration of non-conventional trademarks, a draft manual has been put in place, which specifies that the Act is to be interpreted broadly. It elaborates on the registration, protection, and enforcement of non-conventional trademarks keeping in mind the interests of the applicants.
Currently, the Indian trademark regime is experiencing a considerable transformation wherein trademark applications for non-conventional marks are being filed to a great extent frequently. It is undoubtedly seeing a positive change towards incorporating global standards for brand recognition and protection; however, for the nation to truly situate a secure space for brands, it must adopt all equitable international provisions and formulate a law specifically dealing with the domain of motion trademarks.
Final Thoughts
A static trademark only safeguards a single image, whereas a motion trademark protects several images included in the motion. Therefore, as mentioned above, it would be wise to say that motion marks broaden the ambit of trademark protection and increase the brand value associated with the trademark.
Without any second thought, the acceptance of motion marks as trademarks is opening up new doors for brands and businesses. Although business companies and brands have been interacting with their already existing and potential customers using animations for pretty long now, animations can now be protected under the Act in India in the form of a motion trademark. With technological advancement in this arena in the coming years, motion marks as trademarks shall be registered more and gain more importance. 👉 ✅ For view-source: https://www.kashishipr.com/
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