Protecting Hologram Trademark in India

Holograms may be found on a variety of products or on various things that are sold in the market. For example, holograms are used on a variety of different credit cards, tickets, and other items, and there is a security hologram on the Indian currency.

What is Hologram?

A hologram is a three-dimensional image, which is usually created by using laser technology. It is created by the interference of laser light beams and captures the appearance of an object from multiple angles that allow the image to appear three-dimensional when viewed from certain angles or even on 2D paper.

Purpose of Holograms?

Holograms are commonly used for security purposes, such as on credit cards, as well as in art and entertainment. Putting security features on currency notes makes it more difficult to forge notes. This demonstrates both the significance and the absolute requirement of holographic protection. On the other hand, it seems that there has been no application for registering a hologram as a trademark in India up to this point.

Holograms are not specifically addressed in any of the relevant legal documents, including the Trade Marks Act from 1999, the Trade Mark Rules from 2017, or the draught of the Manual on Trade Marks.

Hologram markings, on the other hand, were the subject of a very detailed discussion in the case of Toasha Agencies v. Siddhant Choudhary. The defendant in the aforementioned case asserted that he has used the trademark TOASHA on a hologram, and as a result, his use of the mark does not in any way cause confusion with regard to the plaintiff's use of the mark TOASHA. In this regard, the court decided that the defendant's TOASHA was registered as a word mark, not as a hologram, and made this determination based on the evidence presented. Therefore, the defendant's use of the hologram with the words TOASHA printed on it for use on its invoices does not constitute use of the registered trade mark that the defendant has.

It is important to highlight that corporations and organisations should now consider filing for holographic markings, taking into consideration the significance of hologram marks in preventing counterfeiting of products. This is because of the value of hologram marks. On the other hand, the process of applying for a holographic mark in India could present a few obstacles.

Problems Associated with the Process of Hologram Trademark Protection in India

The difficulty of graphically displaying the holographic mark, as well as the capability of accurately identifying the origin of the goods or services to which it is applied −

• The definition of a trade mark found in Section 2(1)(zb) requires that the mark be capable of being graphically represented and that it be distinguishable from other marks.

• On the other hand, artistically portraying a hologram on paper would be challenging, and it's probable that it wouldn't even be feasible to accurately display all of the many angles from which the hologram may actually be observed in real life.

• Additionally, despite the fact that a hologram prevents other parties from producing fake versions of the product, it may be difficult to identify the origin of the goods or services immediately upon seeing a hologram. This is because a hologram does not represent itself through any words, images, or other characteristics that the average person is able to recognise and understand.

However, in order to get around this problem, one solution would be to adopt laws that are comparable to those in other jurisdictions, such as the European Union. In that region, the requirement of graphical representation has been removed or eased, and they have begun accepting video files of the marks. This would make it possible for the examiner as well as other third parties to precisely understand the changing appearance of the hologram when viewed from different angles, which is necessary for the purposes of registration and objection or opposition.

The difficulty in accurately defining the mark throughout any steps taken to enforce it. Because a hologram can give an image a different look depending on the angle at which it is viewed, it may be challenging to describe and evaluate the appearance of a mark when it is being examined or challenged, especially if the hologram in question is one that changes its appearance depending on the viewing angle (s). Because of this, it may be more difficult to prove the distinctive nature of the mark or its likeness to another, which is especially problematic in controversial circumstances. The same thing would need for having appropriate access to the video clip in the Trade Marks Journal as well as the online status page of the Registry.

Conclusion

In India, the procedure for the registration of a holographic mark might be described as being quite challenging. Hologram marks, on the other hand, have many benefits, and there are ongoing efforts to create and protect one's intellectual property, so we need to consider adopting new methods and ways to promote such marks by determining the registeribility of a trade mark using the technology that is currently available. This is necessary because there are constant efforts to create and protect one's IP.

Holograms are being utilised by several owners of certification marks in order to strengthen the authenticity of their marks and to prevent illegal copying of labelling. Along the same lines as what is being done all over the world, we may consider following a system that either completely does away with the notion of pictorial depiction of a trademark or at least relaxes it in some way.

FAQs

Q1. Is it necessary to be a resident or citizen of the country where the trademark application was made?

Ans. Not essential, however you must designate someone (trademark mark attorney/agent) to whom the Registrar can correspond if you are applying for registration in other country but reside outside of that country.

Q2. What is a hologram?

Ans. A hologram is a 3D photograph of light wave interference.

Q3. How do holograms work?

Ans. Holograms technically work by using the principle of interference of light. Under the process, a laser light is split into two beams: a reference beam and an object beam. Likewise, the reference beam is directed directly onto a recording medium, such as film or a photoresist-coated plate, while the object beam illuminates the object to be recorded. The light waves from the object then reflect onto the recording medium, where they interfere with the reference beam to create a pattern of light and dark fringes.

Likewise, the pattern created through this, is known as a hologram. It contains information about the object's position and shape, and it can be used to reconstruct a three-dimensional image of the object when viewed with laser light or white light. Moreover, the image appears to float in space, has a three-dimensional quality because it captures the light scattered from the object from multiple angles.