The idea of trademarking architectural designs started in the United States. Some examples are the Empire State Building in New York, the façade of the New York Stock Exchange, etc. Other examples are the Eiffel Tower in France, and the Sydney Opera House in Australia.
In India, the Indian Hotels Company Limited (IHCL) got Trademark registration for the outside architectural design of the Taj Mahal Palace Hotel.
Requirements for an architectural design to be eligible for trademark registration:
1. The construction should be able to being graphically represented.
2. The construction should be able to indicate the supply of the products and offerings.
Condition for granting registration for architectural designs:
The granting of the trademark should not violate the rights of common man to Culture and Heritage. It is necessary to determine if the grant of the trademark is a violation of those rights.
For example, a T-shirt manufacturer who wish to represent the city of Mumbai by using the Taj Mahal Palace Hotel architectural design cannot do so due to the trademark. The registrant of the Taj Mahal Palace trademark, though it is an antique and a part of Mumbai`s way of life, is a private construction having unique architectural features. There are numerous different sculptures which can be used to symbolize Mumbai.
About the Author
Srinivas Maddipati
Srinivas Maddipati is a registered Patent Agent and legal professional with a strong background in engineering, law, and innovation management. He holds a B.E. in Mechanical Engineering, an M.S. in Mechatronics from Germany, and an LL.B. He is the Managing Director of Eeva IP & IT Services Pvt. Ltd., specializing in patents, trademarks, copyrights, and IP consulting. Srinivas actively mentors startups and institutions on IPR strategies and has drafted over 2000 patent specifications across diverse technologies. He may be contacted at srinivas@eevatech.com.
