Journal of Intellectual Property Rights

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Journey of Trademarks from Conventional to Un-Conventional - A Legal Perspective


Affiliations
1 Department of Commerce and Management, St. Xavier University, Kolkata — 700 160, West Bengal,, India
2 Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology Kharagpur, Kharagpur- 721 302, West Bengal,, India

Consumers perceive trademarks as commodities due to their exceptional quality attached to the brand. Consistency is established when customers purchase a specific brand, and its appearance is an additional driving factor for such a purchase. Due to this emerging understanding, both in the US and in Europe, there is acceptance of the fact that financial concepts for trademark reasoning are insufficient to reflect the present-day functions of trademarks accurately. Trademark’s functions have been restructured over the past few decades, which correspond to trademark evolution and expansion of consumer-centric society on the other hand. Given the non-traditional business reality, it is not, at this point, adequate to ignore the propelled elements of trademarks. It is fundamental to comprehend the different reasons for the trademark. In the present financial arrangement, these capacities assume an essential job in the foundation of a trademark. There is a perceivable change witnessed in the market and society, which in turn has influenced the legal landscape. Among these, an overview will be given in this article for the protection offered in the various jurisdictions to these non-conventional (personality) functions of trademarks.
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  • Journey of Trademarks from Conventional to Un-Conventional - A Legal Perspective

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Authors

Soumya Prakash Patra
Department of Commerce and Management, St. Xavier University, Kolkata — 700 160, West Bengal,, India
Priyadarshini Singh
Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology Kharagpur, Kharagpur- 721 302, West Bengal,, India

Abstract


Consumers perceive trademarks as commodities due to their exceptional quality attached to the brand. Consistency is established when customers purchase a specific brand, and its appearance is an additional driving factor for such a purchase. Due to this emerging understanding, both in the US and in Europe, there is acceptance of the fact that financial concepts for trademark reasoning are insufficient to reflect the present-day functions of trademarks accurately. Trademark’s functions have been restructured over the past few decades, which correspond to trademark evolution and expansion of consumer-centric society on the other hand. Given the non-traditional business reality, it is not, at this point, adequate to ignore the propelled elements of trademarks. It is fundamental to comprehend the different reasons for the trademark. In the present financial arrangement, these capacities assume an essential job in the foundation of a trademark. There is a perceivable change witnessed in the market and society, which in turn has influenced the legal landscape. Among these, an overview will be given in this article for the protection offered in the various jurisdictions to these non-conventional (personality) functions of trademarks.