LEGAL PROTECTION OF UNCONVENTIONAL TRADEMARKS: A COMPARATIVE STUDY OF INDIAN AND INTERNATIONAL FRAMEWORKS

The article provides an insightful analysis of non-conventional trademarks, which is one of the fastest-growing fields in intellectual property law because it covers more than traditional trademarks, as it includes sensory and three-dimensional trademarks such as sounds, colors, shapes, and other indications. There have been many developments in the Indian trademark law system in response to global changes in commerce and branding. Traditional trademarks have been well established and protected under the Trademark Act, 1999; on the other hand, unconventional types of trademarks have made an impact on the legal framework of intellectual property law, not just in India but also across the world. The importance of the Trademark Act 1999 lies in its ability to create a legal basis for the recognition of such a trademark in India, but its application is limited according to many legal, technical, and cultural factors. The research paper also examines the situation with unconventional trademarks in other countries and regions. The articles discuss the most important issues of Indian law concerning the concept of distinctiveness, graphical representation, and functionality. The paper ends with a suggestion for reform of the trademark system in India, aimed at making it more international in character and thus encouraging innovation and differentiation of brands in the international marketplace. Keywords: Unconventional Trademark, Distinctiveness, Graphical Representation, Intellectual Property, Trademark Act 1999.