How Section 2(1)(M) Shapes Trademark Law: Understanding its significance in brand protection

INTRODUCTION

In the context of trademark law, definitions are crucial because they establish the foundational understanding of key concepts used the legislation. One such central definition which forms the bedrock of the Trademarks Act is the definition of “MARK”. The Section 2 (1) (m) of the Trademark Act Defined: “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination”. This particular subsection is intended to define a specific term, providing a clear understanding of what it encompasses for the purposes of the Act. It lays out the essential elements or criteria that must be met for a word or concept to fall within its scope. Various judicial precedents have evolved the concept of Mark, one such case was of Levi Strauss and Co vs Imperial Online Services Private, whereby, It was held that “Under the law of trade marks, the definition of ‘mark’ has evolved over time. Traditionally, trademarks included names, words, devices, logo, label/packaging, letters, numerals etc. However, this list of trademarks has expanded over the years to include colour, combination of colours, shape of goods, patterns of products, smell, and sound marks etc. These broad two categories of marks are loosely referred to as - • Traditional Trademarks • Non-Traditional Trademarks.”(Para 14)

TYPES OF MARKS UNDER TRADEMARK LAW

There are multiple types of marks that can be registered under trademark law, various types of Marks are discussed below:

WORD: A mark which is in a form of word mark or grouping of letters/alphabets for applying the registration of a trademark. When any person applies registration of the word mark, it can be used it in any form in the market in any category of goods which the person wants to apply for the registration. The word mark is more valuable and significant for the Protection under the Trademark Act, 1999. If some other person uses his word mark for their goods and services than the person can also institute the infringement action against them. The word mark is not needful Tradename it can be any combination of letter.

DEVICE: - The device mark is the type of trademark in which included any kind of symbol, design, image or artistic work which use to identify and distinguish the trademark from one entity to other entity. Device marks is visually representation rather than the word mark. The device is also protects & gives exclusive statutory right to use any particular mark or name contained therein apart from mark as a whole. For Instance, the iconic Apple Logo, an image of a bitten apple is one of the most famous Device Marks. In Shambhu Nath & Brothers and Ors. Vs. Imran Khan, it was held that the trade mark is the whole thing. When a word mark or a label mark or a get up is considered, the court would be required to consider the totality of the situation - the goods as a whole with due regard to the background provided by any other marks shown to be in use. (Para 47)

SHAPE OF GOODS: The shape in which goods are presented, including their packaging and the combination of colours, constitutes what is referred to as trade dress. A manufacturer promoting a product may emphasize the distinctiveness of the goods by highlighting the unique shape in which they are presented for sale. The distinguishing characteristic of a shape trademark lies in its integration as an inherent component of the product itself, unlike conventional trademarks which are typically applied externally onto the product. A Shape of goods/compelling image leaves a lasting impression on the human mind, embedding itself deeply in memory when its form or composition is particularly striking.

While the shape of a product can indeed function as a trademark, there have been several limitations placed on using product shapes as trademarks. Consequently, establishing proprietary rights in the shape as a trademark is generally considered more challenging.

COMBINATION OF COLOURS: A single colour, as opposed to a combination of colours, does not meet the criteria to be classified as a 'mark' or 'trademark' under trademark law. According to this legal framework, a mark must demonstrate that the colour or colour combination is uniquely tied to a specific brand, and that the public recognizes it as specifically associated with the goods identified in the trademark application. The chosen colour or colour combination must be distinctive from those used by other entities.

Granted protection to the Plaintiff's green and yellow colour combination used uniquely on its tractors manufactured for agricultural use on the basis of reputation, distinctiveness and instant source of identification of plaintiff's product. In the case of Deere and Company and Ors. vs. Malkit Singh and Ors, it was held, “This Court is of the prima facie view that the plaintiffs' green and yellow colour combination is reputable, distinctive and stands as an instant source-identifier for the plaintiffs' agricultural products. Also, the defendants' adoption of an identical colour combination, its use in the same manner as that of the plaintiffs and its denial of the plaintiffs' rights in the said colour combination in its reply to legal notice dated 11th November 2017 prima facie amounts to unfair advantage and constitutes behaviour which is contrary to honest and industrial practices”. (Para 24).

CONCLUSION

In conclusion, Section 2(1)(m) plays a pivotal role in the framework of Indian trademark law, providing a comprehensive definition of "mark" that significantly shapes the scope of trademark protection. This broad interpretation supports the evolving demands of business and marketing, enabling a diverse array of symbols to qualify for legal protection. By establishing the criteria for trademark registration, this provision ensures that trademarks fulfil their essential function: uniquely identifying the source of goods or services in the marketplace. This alignment with the dynamic nature of commerce helps maintain the integrity of trademark law, allowing businesses to safeguard their brand identities while fostering a competitive environment.