Page "Trade dress" Paragraph 18

Under the Indian trademark law, any distinctive and identifying mark, which is capable of distinguishing the goods and services of one owner from that of another, may be utilized as Trademark and such marks are afforded protection under the law.

The Trade Marks Act, 1999 is a reproduction of the UK ’ s Trade Marks Act 1994 as India follow the English Trade Mark laws from the beginning.

Unlike the United States Lanham Act, 1946 the English Trade Marks Act, 1994 and the Indian Act, 1999 do not have provisions like section 43 ( a ) ( of Lanham Act ) to protect un-registered trade dress or allow registration of trade dress which qualifies the tests of distinctiveness and source identifier.