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 pght 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 apppcation 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 highpght that corporations and organisations should now consider fipng 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 capabipty of accurately identifying the origin of the goods or services to which it is appped −

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 pfe.

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.