- The Indian Trade Marks Act does not explicitly define motion marks, nor does the draft Manual address them in detail. Still, Section 2(1)(zb) broadly defines a trademark as something that can be graphically represented and distinguishes one’s goods or services.
- A motion trademark involves movement or position change in elements like shapes, colors, or symbols, and may include text or images. It protects brand-specific motions like animations or gestures.
For example –
- Owner – Automobili Lamborghini S.p.A.
- Serial number – 001400092
- Application date – November 26, 1999
- Mark description – The trademark relates to a unique vehicle door design where the doors open upward around a horizontal axis, positioned across the vehicle’s width.
How to Register Motion Mark as a Trademark?
Case Study: Nokia’s Connecting Hands Logo
- In India, Nokia’s “Connecting Hands” was the first motion mark application, filed under Registration No. 1246341. However, it was eventually registered as a device mark, not a motion mark.
- The logo features two hands reaching out, symbolizing connection and communication. While it gives an impression of movement, it is a still image.
- To qualify as a motion mark, the actual movement or animation must be a core part of the brand’s identity.
Conclusion
- Motion marks represent a modern shift in trademark protection, capturing the dynamic nature of today’s branding. While India has begun to acknowledge these non-traditional marks, rigid requirements—especially the need for graphical representation—create barriers to registration.
- In contrast, countries like the US and EU provide more adaptable frameworks that embrace multimedia formats.
- To remain globally competitive, India must update its legal standards to accept digital file formats like MP4, enabling more accurate motion representation.
- Such reform would encourage innovation, protect evolving brand identities, and better reflect the realities of digital marketing.
- Clearer guidelines, increased awareness, and policy updates will be essential for broader acceptance.
- By embracing motion marks, India can future-proof its trademark regime and strengthen its position in the global IP landscape.
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