The history of trademark law is, in significant part, a history of expanding frontiers. What began as a system designed to protect word marks and simple devices the merchant’s mark stamped on goods to identify their origin has evolved over centuries into a framework broad enough, in principle, to accommodate almost any sign capable of conveying commercial identity. The expansion of trademark protection to non-traditional marks colour marks, sound marks, shape marks, scent marks, motion marks and other sensory identifiers represents one of the most intellectually challenging and practically significant developments in contemporary intellectual property law.
In India, this expansion has been driven by a combination of statutory reform, international obligations and the commercial realities of a market in which sophisticated brand owners increasingly seek to protect the full range of sensory experiences through which their brands communicate with consumers. The Trade Marks Act, 1999 and the Trade Marks Rules, 2017 provide the legal framework within which these non-traditional marks may be registered and protected. However, the framework presents challenges of graphical representation, of distinctiveness, of functionality and of examination that do not arise in the same form in relation to conventional word or device marks and these challenges have resulted in a body of law and practice that is still evolving.
This article examines the legal framework for non-traditional trademark protection in India comprehensively the statutory basis for protection, the specific requirements applicable to each category of non-traditional mark, the distinctiveness standards that govern their registration, the functionality doctrine that limits the scope of available protection, the international framework that has influenced Indian law and the emerging judicial and administrative practice that has begun to give these provisions their operational content.
The Statutory Framework – An Expansive Definition
The foundation of non-traditional trademark protection in India is the definition of a trademark in Section 2(1)(zb) of the Trade Marks Act, 1999. The provision defines a trademark as a mark capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others. Section 2(1)(m) defines a mark to include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.
The breadth of the definition of a mark is significant. The list in Section 2(1)(m) is illustrative rather than exhaustive the phrase “or any combination thereof” signals that the categories identified are examples of what a mark may include, not a closed list of what it may only be. This interpretive flexibility has been used by the Trade Marks Registry and the courts to extend the concept of a mark beyond the categories expressly listed to encompass sounds, scents, three-dimensional configurations and other non-conventional identifiers, provided they satisfy the twin requirements of graphical representability and capacity to distinguish.
The Trade Marks Rules, 2017 gave specific procedural expression to several categories of non-traditional marks. Rule 26 prescribes the manner in which applications for registration of different categories of marks must be presented, including specific requirements for the representation of three-dimensional marks, sound marks and colour marks. These procedural provisions are of practical importance because they define the minimum formal requirements that an application for a non-traditional mark must satisfy before it can be accepted for examination.
The Graphical Representation Requirement – The Central Challenge
The requirement that a trademark be capable of being represented graphically embedded in the definition of a trademark in Section 2(1)(zb) is the central technical challenge for non-traditional trademark registration. The graphical representation requirement serves multiple important functions in the trademark system. It ensures that the subject matter of the registration is defined with sufficient precision and clarity to enable third parties to understand exactly what has been registered and what they must avoid. It provides the basis for the public record maintained in the register the representation published in the Trade Marks Journal is the authoritative statement of what the mark consists of. And it enables the Registry and courts to assess, in enforcement and opposition proceedings, whether a contested sign falls within the scope of the registered mark.
For conventional word marks and device marks, the graphical representation requirement is easily satisfied the word is written in standard characters or a distinctive script and the device is reproduced as a clear visual image. For non-traditional marks, the requirement presents challenges that differ according to the category of mark. A colour cannot be represented simply as a word describing the colour the representation must define the specific shade with the precision needed to enable consistent identification and enforcement. A sound cannot be represented as a visual image in the conventional sense it must be translated into a notational system that captures its acoustic character. A scent has no conventional visual representation at all the challenge of defining it with the precision the graphical representation requirement demands has proved, in most jurisdictions, to be effectively insurmountable.
The European Court of Justice’s decision in Sieckmann v. Deutsches Patent- und Markenamt (Case C-273/00, 2002) established the international standard for graphical representability the representation must be clear, precise, self-contained, easily accessible, intelligible, durable and objective. Although this decision is not binding in India, it has been highly influential in shaping the approach of the Indian Registry and practitioners to the graphical representation of non-traditional marks and the criteria it articulates provide a useful framework for assessing whether any proposed representation satisfies the statutory requirement.
Colour Marks – Theoretical Foundations and Registration Requirements
Colour marks are among the most commercially significant and most frequently sought categories of non-traditional trademark protection. Major global brands have invested heavily in establishing colour as a trademark Tiffany’s robin egg blue, Cadbury’s purple, Christian Louboutin’s red sole and Owens Corning’s pink fibreglass insulation are among the most celebrated examples internationally. In India, the registration of colour marks has become an increasingly active area of trademark practice as sophisticated brand owners seek to protect the full range of visual identifiers through which their brands communicate with consumers.
The theoretical case for colour mark protection is straightforward a colour that has, through sustained and exclusive use, come to be associated in the minds of consumers with a particular commercial source performs the trademark function just as effectively as a word or logo. If consumers who encounter a particular shade of purple on a chocolate wrapper immediately think of Cadbury, the purple shade is functioning as a source identifier and deserves the protection that trademark law provides for source identifiers.
However, the theoretical case for colour mark protection is matched by an equally powerful theoretical case for caution. Colours are a finite resource there are only so many shades that are perceptible and distinguishable by the human eye and the grant of exclusive trademark rights over even a moderately common colour in a particular commercial field restricts the palette available to competing traders. The competitive harm from over-generous colour mark registration is therefore potentially substantial and trademark law applies the distinctiveness requirements with particular rigour in the colour mark context to guard against it.
Under the Trade Marks Rules, 2017, an application for registration of a colour mark must include a representation of the colour or combination of colours claimed, together with an indication of the colours in words and, where appropriate, a reference to a recognised colour identification code such as the Pantone Matching System or the RAL colour standard to define the specific shade with the precision required by the graphical representation standard. A description of the colour alone “a shade of purple” or “a distinctive blue” without a precise colour code reference is insufficiently precise to satisfy the requirement.
The distinctiveness of a colour mark is assessed by reference to the same spectrum that applies to all trademarks from inherently distinctive at one extreme to generic at the other. However, the practical reality is that single colours, applied to goods or their packaging, are virtually never inherently distinctive. Consumers do not typically regard colour as a source indicator in the way they regard a word or logo they perceive colour primarily as an aesthetic feature of the goods, not as a badge of commercial origin. Accordingly, single-colour marks almost invariably require proof of acquired distinctiveness extensive and exclusive use resulting in a consumer association between the specific colour and the applicant’s commercial source before they can be registered.
The Delhi High Court’s landmark decision in Christian Louboutin SAS v. Abubaker & Ors. (CS(OS) 1339/2011) was a watershed moment for colour mark protection in India. The Court examined whether the distinctive red sole applied to Christian Louboutin’s luxury footwear had acquired sufficient trademark distinctiveness in India to merit protection against imitation by an Indian seller of shoes with red soles. The Court held that the red sole mark had achieved recognition among the relevant consumers the purchasers of luxury footwear in India as a distinctive indicator of the Louboutin brand and granted interim injunctive relief against the defendant’s use of a similar red sole. The decision is the most significant Indian judicial authority on the protection of colour marks and confirms that colour marks can be protected in India where sufficient acquired distinctiveness is established.
The Court in the Louboutin case also addressed the functionality doctrine in the colour mark context the principle, discussed in more detail below, that a colour which is functional in relation to the goods cannot be registered as a trademark regardless of the distinctiveness it may have acquired through use. The red sole of a Louboutin shoe is not functional in the technical sense it does not contribute to the shoe’s physical performance or utility and this non-functionality was a critical element of the Court’s analysis of the mark’s registrability.
Combination colour marks marks consisting of two or more colours applied in a defined pattern or combination to goods or their packaging present a somewhat different analysis. A combination of colours, particularly one that is unusual or distinctive in its arrangement, may more readily achieve inherent or acquired distinctiveness than a single colour, because the specific combination is less likely to be perceived as a mere aesthetic choice and more likely to be perceived as a deliberate source indicator. The registration requirements for combination colour marks are the same as for single-colour marks a precise representation with colour code references but the evidential burden for acquired distinctiveness may be somewhat lighter where the combination is sufficiently unusual.
The Functionality Doctrine and Its Application to Colour Marks
The functionality doctrine is a fundamental limitation on non-traditional trademark protection that operates independently of and in addition to the distinctiveness requirements. A feature of goods or their packaging is functional if it is essential to the use or purpose of the goods or if it affects the cost or quality of the goods if, in other words, its exclusive appropriation through trademark registration would put competitors at a significant non-reputation-related disadvantage.
In the colour mark context, functionality arises where the colour performs a technical or commercial function in relation to the goods where it is not merely decorative or source-identifying but serves a practical purpose that competing traders need access to. Red for stop signs, yellow for high-visibility workwear and green for environmental products are examples of colours that are functional in this sense their use is dictated by convention, safety requirements or consumer expectations that all traders in the relevant field must be free to meet. Registration of such colours as trademarks would give one trader a competitive advantage that is unrelated to the reputation or goodwill they have built and the functionality doctrine prevents this outcome.
Section 9(3) of the Trade Marks Act, 1999, which excludes from registration shapes that result from the nature of the goods, are necessary for a technical result or give substantial value to the goods, reflects the functionality doctrine in the shape mark context. While the provision does not expressly address colour marks, the underlying principle that functional features cannot be monopolised through trademark registration applies equally to colour and other non-traditional marks as a matter of general trademark policy and the Registry and courts have applied it accordingly.
Shape Marks – The Three-Dimensional Trademark
Shape marks trademarks that consist of or include the three-dimensional shape of goods or their packaging represent another significant category of non-traditional trademark. The shape of a product or its container can, through exclusive use and consumer recognition, acquire a trademark function the distinctive bottle shape of Coca-Cola, the triangular shape of Toblerone chocolate and the rounded corners of the Apple iPhone are internationally recognised examples of shapes that function as source identifiers.
In India, shape marks are registrable under the broad definition of a trademark in Section 2(1)(m), which expressly includes the shape of goods and their packaging within the definition of a mark. The Trade Marks Rules, 2017 require that an application for registration of a three-dimensional mark include a graphic or photographic reproduction of the shape from multiple perspectives front, side, back, top and bottom views sufficient to enable the Registry and third parties to understand the precise three-dimensional configuration being claimed.
However, Section 9(3) of the Trade Marks Act, 1999 imposes specific restrictions on the registration of shape marks that have no parallel in the treatment of word or device marks. It provides that a mark shall not be registered if it consists exclusively of the shape of goods that results from the nature of the goods themselves, the shape of goods that is necessary to obtain a technical result or the shape that gives substantial value to the goods. These three exclusions are absolute they cannot be overcome by evidence of acquired distinctiveness, no matter how extensive or compelling. A shape that falls within one of the Section 9(3) categories is permanently excluded from trademark registration.
The first exclusion shapes resulting from the nature of the goods targets shapes that are inherent to the product and inseparable from its identity. The round shape of a ball, the cylindrical shape of a can or the flat shape of a tablet are shapes that result from the nature of the goods and cannot be registered as trademarks for those goods. The shape simply is what the product is and its registration as a trademark would give one trader a monopoly over the only practical form the product can take.
The second exclusion shapes necessary for a technical result is the shape mark expression of the functionality doctrine. A shape that is technically necessary to achieve the function the product is designed to perform cannot be monopolised through trademark registration. The gear tooth pattern of a transmission component, the aerodynamic profile of a wing or the threaded configuration of a screw are shapes that are necessary for technical results and are properly the subject matter of patent or design protection, not trademark protection.
The third exclusion shapes that give substantial value to the goods addresses the overlap between trademark law and design law in the context of aesthetic shapes. A shape whose aesthetic appeal is a significant source of the product’s commercial value the elegant silhouette of a luxury wristwatch, the sculptural form of a designer piece of furniture is excluded from trademark registration because its protection through trademark rights would give the trademark proprietor an indefinite monopoly over a design feature that design law is designed to protect for a limited term only.
The Delhi High Court examined shape mark distinctiveness and the Section 9(3) exclusions in Zippo Manufacturing Company v. Anil Moolchandani ((2009) 42 PTC 468 (Del)), where the Court considered the registrability of the distinctive shape of Zippo’s iconic windproof lighter. The Court’s analysis of the shape’s acquired distinctiveness its recognition among consumers as an indicator of the Zippo brand and its consideration of whether the shape was excluded by Section 9(3) provides an instructive model for the assessment of shape mark applications in India.
Sound Marks – The Acoustic Trademark
Sound marks trademarks that consist of a distinctive sound used in commerce to identify the source of goods or services are perhaps the most commercially familiar category of non-traditional mark after colour marks. The Intel bong, the MGM lion’s roar, the Nokia ringtone, the NBC chimes and the Yahoo! yodel are among the most internationally recognised sound marks. In the Indian market, the distinctive jingle of a well-known brand, the signature sound of a telecommunications product or the characteristic acoustic identity of a broadcasting station may similarly function as a powerful source identifier.
The Trade Marks Rules, 2017 make explicit provision for the registration of sound marks in India. Rule 26(5) provides that where an application is made for the registration of a sound as a trademark, the application shall contain a description of the sound constituting the trademark and, where the sound can be represented in musical notation, a representation of the sound in musical notation. The Rule also requires that the application be accompanied by a sound file of the mark in the MP3 format.
The requirement of both a musical notation representation and an audio file is significant. The musical notation satisfies the graphical representation requirement by translating the acoustic content of the sound into a visual notation system one that is standardised, precise and capable of enabling a skilled reader to reproduce the sound with reasonable accuracy. The audio file provides the direct acoustic representation that enables examiners, courts and third parties to hear the mark as it is actually used. Together, these two components of the application provide the dual representation graphical and acoustic that gives the sound mark registration its precision and its enforceability.
The musical notation requirement presents a practical challenge for sounds that are not amenable to standard musical notation sounds that consist of speech, animal calls, mechanical noises or other non-musical acoustic elements. The Trade Marks Registry has developed practice guidance for the representation of such sounds, which may include a written description of the sound in precise phonetic or technical terms accompanied by the mandatory audio file. The description must be sufficiently precise to enable consistent identification of the sound a vague description such as “a distinctive sound” does not satisfy the graphical representation standard.
The distinctiveness of a sound mark is assessed by the same principles that apply to other categories of non-traditional marks. A sound that is entirely arbitrary a non-melodic sequence of tones with no connection to the goods or services may be inherently distinctive, though in practice most sounds used in commerce have at least some connection to the goods that makes pure inherent distinctiveness rare. A sound that is descriptive of the goods a sizzling sound for a cooking product or a purring sound for a luxury car is not inherently distinctive and requires proof of acquired distinctiveness. A sound that is generic in the relevant field the electronic beep of a retail scanner, the ring of a telephone is not capable of acquiring distinctiveness regardless of the extent of its use.
The Intellectual Property India registry granted what is widely regarded as the first sound mark registration in India to Yahoo! Inc. for its distinctive yodel sound. The registration, which followed the submission of a musical notation and audio file representation of the yodel, established the practical precedent that sound marks are registrable in India under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. Subsequent registrations including the registration of the ICICI Bank jingle and other commercial sounds have confirmed that the sound mark registration process, while demanding, is available to applicants who can satisfy the representation and distinctiveness requirements.
Scent Marks – The Olfactory Trademark
Scent marks trademarks that consist of a distinctive smell or fragrance represent perhaps the most challenging frontier of non-traditional trademark protection. The commercial case for scent mark protection is clear in principle a distinctive fragrance associated with a particular brand, such as the characteristic smell of a luxury retailer’s premises or the distinctive scent applied to a product, may function as a powerful source identifier that reinforces brand recognition in the same way as a visual logo or a distinctive sound.
However, the graphical representation requirement has proved, in most jurisdictions, to be a near-insurmountable obstacle to the registration of scent marks. A scent cannot be represented visually in any standardised notational system that is clear, precise and objective in the sense required by the graphical representation standard. A chemical formula describing the molecular composition of the scent provides precision but is not a representation of the scent itself two different scents may have similar chemical compositions and consumers who encounter the mark in use do not experience it as a chemical formula. A verbal description of the scent “a fresh floral fragrance with notes of jasmine and sandalwood” is neither precise enough nor sufficiently objective to enable consistent identification and enforcement.
The European experience illustrates the difficulty. In Ralf Sieckmann v. Deutsches Patent- und Markenamt (Case C-273/00, 2002), the applicant attempted to register the scent of methyl cinnamate as a trademark, providing a chemical formula, a written description and a physical sample. The European Court of Justice held that none of these representations, individually or together, satisfied the graphical representation standard the chemical formula was not a representation of the scent itself, the written description was not sufficiently precise and the physical sample was not a graphical representation. The decision effectively closed the door to scent mark registration in the European Union.
Indian trademark law has not yet produced authoritative guidance specifically addressing the registrability of scent marks and no scent mark registrations appear to have been granted in India to date. The graphical representation requirement of Section 2(1)(zb), interpreted in light of the Sieckmann criteria, presents the same fundamental challenge in the Indian context as in Europe. Until a representation technology is developed that enables the precise, stable and objective graphical representation of olfactory information, scent marks are likely to remain outside the scope of practical registration in India.
Motion Marks and Multimedia Marks
Motion marks trademarks that consist of a moving image or animation used to identify the source of goods or services represent a category of non-traditional mark whose importance is growing rapidly in the digital economy. The animated logo sequences that open film and television productions, the characteristic movement patterns of brand mascots in advertising and the distinctive animation effects used in digital interfaces and applications may all function as source identifiers in ways that static visual marks cannot capture.
The Trade Marks Rules, 2017 do not contain specific provisions addressing the representation of motion marks, but the broad definition of a trademark in the Act is capacious enough to accommodate them in principle. The practical challenge is the graphical representation requirement a moving image is not a graphical representation in the conventional static sense, though a sequence of still images showing key frames of the motion, accompanied by a description of the movement, may satisfy the requirement with sufficient precision. Some trademark offices internationally have accepted MP4 or GIF format submissions for motion marks and it is possible that the Indian Registry will develop similar practice guidance as applications for motion marks increase.
Multimedia marks marks that combine visual, auditory and other elements into a composite sensory experience present the combined challenges of all the constituent elements. A mark that consists of a distinctive animation accompanied by a distinctive sound is both a motion mark and a sound mark and its registration requires that both elements be represented with the precision required for each category separately.
Trade Dress – The Totality of Commercial Appearance
The concept of trade dress the overall commercial appearance of a product or its packaging, including the combination of colours, shapes, graphic elements and other design features that together create a distinctive visual identity is closely related to but distinct from the protection of individual non-traditional marks. Trade dress protection in India is available both through trademark registration where the overall appearance of goods or packaging is registered as a composite mark and through the common law action of passing off where the distinctive get-up of goods has acquired goodwill through use.
The Supreme Court addressed trade dress protection in the passing off context in Reckitt & Colman of India Ltd. v. Boroline Pharma Pvt. Ltd. (1999), where it examined whether the distinctive get-up of the plaintiff’s product including its characteristic green colour and overall packaging design had acquired sufficient goodwill to be protected against imitation by the defendant. The Court’s analysis of the extent to which the overall commercial appearance of goods can function as a source identifier and the evidence required to establish that it has done so, is directly relevant to the assessment of trade dress distinctiveness.
The Delhi High Court’s decision in Colgate Palmolive Company v. Anchor Health & Beauty Care Pvt. Ltd. ((2003) 27 PTC 478 (Del)) addressed the protection of trade dress in the toothpaste market, examining whether the distinctive colour scheme and packaging configuration of Colgate’s products had acquired sufficient distinctiveness to restrain Anchor from adopting a similar get-up. The Court’s analysis of the multi-element trade dress considering both the similarity of the individual elements and the overall impression created by the get-up as a whole provides a model for the assessment of composite trade dress claims in India.
The International Framework – TRIPS, the Singapore Treaty and Comparative Practice
India’s obligations under the TRIPS Agreement require that trademark protection be available for signs capable of distinguishing goods or services, provided they are capable of being represented visually. Article 15(1) of TRIPS which refers to the capability of visual representation rather than graphical representation is in principle slightly more accommodating of non-conventional marks than the Indian statute’s graphical representation requirement, though in practice the distinction has had limited operational significance.
The Singapore Treaty on the Law of Trademarks, adopted by WIPO in 2006, provides an international framework for the harmonisation of trademark registration procedures across member states, including procedures for the registration of non-traditional marks. While India is not a party to the Singapore Treaty, the Treaty’s provisions which address the representation requirements for sound marks, three-dimensional marks, colour marks and hologram marks, among others reflect international best practice and have influenced the Trade Marks Rules, 2017.
Comparative practice from other jurisdictions is instructive on the trajectory of non-traditional trademark law. The United States Patent and Trademark Office has a well-developed practice for the registration of colour marks, sound marks and trade dress, including standards for evidence of acquired distinctiveness that have been developed through extensive examination and litigation. The European Union Intellectual Property Office, following the reform of the EU Trademark Regulation in 2017, removed the graphical representation requirement from the definition of an EU trademark, replacing it with a requirement that the mark be capable of being represented in a manner that enables the subject matter to be determined with precision and clarity a formulation that is somewhat more accommodating of non-visual marks, including sounds represented by audio files.
India’s trajectory appears to be toward greater accommodation of non-traditional marks, as the 2017 Rules amendments and the developing practice of the Registry suggest. The formal registration of sound marks, the increasing sophistication of colour mark examination and the growing body of judicial decisions addressing non-traditional mark protection all indicate that the Indian trademark system is progressively developing the tools and the practice needed to protect the full range of commercial identifiers through which modern brands communicate with consumers.
Challenges and the Path Forward
Despite the progress made through the 2017 Rules and the developing judicial and administrative practice, significant challenges remain in the protection of non-traditional marks in India. The examination of non-traditional mark applications requires specialised knowledge and assessment tools that the Registry is still developing. The standards of acquired distinctiveness evidence required for colour and sound marks are not yet as clearly defined as those applicable to conventional marks, creating uncertainty for applicants. And the enforcement of non-traditional mark registrations particularly in the colour mark context, where the precise scope of the registered right is more difficult to define than in the word or device mark context presents practical challenges that the courts are only beginning to address.
The path forward requires continued development of examination guidelines specifically addressing non-traditional marks, greater clarity on the evidence standards for acquired distinctiveness in the colour mark and sound mark contexts and the development of a body of judicial decisions that gives practical meaning to the statutory provisions. The commercial importance of non-traditional mark protection particularly in the luxury goods, entertainment, technology and consumer products sectors provides a strong impetus for this development and the Indian trademark system is well-equipped to meet the challenge.
Conclusion
Non-traditional trademark protection in India of colour marks, sound marks, shape marks, trade dress and other non-conventional identifiers represents one of the most dynamic frontiers of contemporary Indian intellectual property law. The statutory framework, centred on the broad definition of a trademark in Section 2(1)(zb) and elaborated through the procedural provisions of the Trade Marks Rules, 2017, provides the foundation for protection. The distinctiveness requirements particularly the need for acquired distinctiveness in the case of colour and single-shape marks and the functionality doctrine define its limits.
The developing body of judicial decisions from the Louboutin red sole decision to the Zippo shape mark analysis and the trade dress cases is giving practical content to these principles and establishing the standards against which future applications and enforcement actions will be assessed. As Indian brands grow in sophistication and global reach and as the commercial importance of non-traditional identifiers continues to increase, the law of non-traditional trademark protection will become an increasingly central part of Indian intellectual property practice.
References
- The Trade Marks Act, 1999, Sections 2(1)(m), 2(1)(zb) and 9(3) https://ipindia.gov.in/trade-mark.htm
- The Trade Marks Rules, 2017, Rule 26 https://ipindia.gov.in/writereaddata/Portal/IPOAct/1_68_1_Trade_Marks_Rules_2017.pdf
- Manual of Trade Marks Practice and Procedure, Trade Marks Registry https://ipindia.gov.in/writereaddata/Portal/IPOGuidelinesManuals/1_72_1_TM_Manual.pdf
- Christian Louboutin SAS v. Abubaker & Ors., CS(OS) 1339/2011 (Delhi High Court)
- Zippo Manufacturing Company v. Anil Moolchandani, (2009) 42 PTC 468 (Del)
- Colgate Palmolive Company v. Anchor Health & Beauty Care Pvt. Ltd., (2003) 27 PTC 478 (Del)
- Reckitt & Colman of India Ltd. v. Boroline Pharma Pvt. Ltd., (1999) (SC)
- Sieckmann v. Deutsches Patent- und Markenamt, Case C-273/00 (Court of Justice of the European Union, 2002)
- Cadila Healthcare Ltd. v. Cadila Pharmaceuticals Ltd., (2001) PTC 300 (SC)
- TRIPS Agreement, Article 15 https://www.wto.org/english/docs_e/legal_e/27-trips.pdf
- Singapore Treaty on the Law of Trademarks, 2006 https://www.wipo.int/treaties/en/ip/singapore/
- WIPO Non-Traditional Marks https://www.wipo.int/trademarks/en/
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