Protection for fluid trademarks in India

n order to keep up with a changing world, some companies have used branding and advertising of fluid trademarks (i.e., logos), trade dress in particular. Brand owners have done this during covid-19, trying to pave a way to be creative by embracing consumer engagement through dynamic, attention-grabbing tweaks, and regularly changing source identification.

Fluid trademarks are marks that involve creation and use of a variety of different, frequently changing variations of a particular trademark, where the variations co-exist alongside the original mark. These variations typically retain certain features of the underlying mark, but include new design elements. Although the changes are quite subtle, they are easily distinguishable and recognized by an average consumer because of their worldwide reach, reputation and goodwill, thereby maintaining a fresh and innovative brand identity and association with the public at large.

Some notable examples include: A Google doodle that consisted of an interactive Pac-Man game that featured the letters of the word “Google” in the game maze; McDonald’s Brazil on its Facebook page amended its logo in which the iconic golden “M” was split into two golden arches to signify social distancing; German automaker Volkswagen posted a short video on YouTube promoting social distancing; and Subway India attached a face mask to its logo.

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