The concept of trade dress is in the development stage in India. Its meaning has now begun to expand, beyond the traditional forms of trade dress to the more nontraditional ones like cover design of a magazine, design of a door knob, appearance of a water meter or a lamp, design of a sports shoe, distinctive performing style of a rock music group, etc. As such, it comprises nontraditional trademarks based upon sound, texture, three dimensional shape, taste and smell and the following: color marks, sound marks, smell / scent / olfactory marks, shape marks, moving Image marks, holograms, gesture marks, taste marks / gustatory marks, feel marks / tactile marks, celebrity marks, digital marks. The statute, however, has yet to specifically recognize these forms.
Trademark protection of Trade Dress: