M/S Suman International & Anr. vs Mahendra Gulwani & Anr. on 14 December, 2023
36.7 As per the provisions under the Trade Marks Act, 1999, the
shape of the product is now protected as long as the same is
identifiable with the source of the product. The same is held to be
registrable if it has acquired a secondary meaning.
36.8 It is now settled that in order for a shape to be registered as a
trademark, it has to be shown that the shape is not the generic shape of
the product, rather has a distinct shape, which associates the mark with
the source without adding anything further like a name or a logo.
36.9 A Single Judge of this Court in the case of Knitpro
International v. Examiner of Trade Marks through Registrar of
Trade Marks: 2022:DHC:2631, while analysing the law in relation to
the shape of a product being claimed as a trademark held as under: