Author is an Advocate and Patent and Trademark Attorney with Aswal Associates, Attorneys at law & Intellectual property, New Delhi, India and can be reached at sudhir@aswal.com.
Trade dress refers to characteristics of the visual or sensual appearance of a product that may also include its packaging which may be registered and protected from being used by competitors in relation to their business and services. The characteristic includes their shape (3 dimensional), packaging, colour, graphic design or even the smell of the product.
The concept of trade dress was first brought in under the Trademarks Act, 1999 under the definition of ‘mark’ which replaced the previous Trade and Merchandise Marks Act, 1958.
The Trademarks Act, 1999 came into force in India on September 15, 2003. Under the Trademarks Act, 1999, the definition of the ‘mark’ was revised. The definition of the mark is as follows:
Section 2. Definition and interpretation.-
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(m) “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof;
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(q) “package” includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper an cork;
for further information log on to www.aswal.com
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