Section 2(1)(zb) of the Trade Marks Act, 1999 defines trade mark as “a mark capable of being represented graphically and which is capable of distinguishing the goods and services of one person from those of others and may include shape of goods, their packaging and combination of colours.” Non-conventional trade marks have become the concern of creators fairly recently with the growth in use of innovative marketing and branding strategies. Non-conventional trade marks are those which are beyond the purview of the definition given in the legislation and originate from sounds, smells, tastes, textures, etc. While the legislation doesn’t explicitly exclude such trade marks, the use of the words “capable of being represented graphically” restricts the scope of the definition. Earlier, in accordance with Rule 2(1)(k) of the Trade Mark Rules, 2002, ‘graphical representation’ simply meant representation in paper form. However, the latest Rule 2(1)(k) of the Trade Marks Rules, 2017 defines ‘graphical representation’ as representation of a trade mark for goods or services represented or capable of being represented in paper form and includes representation in digitised form. With the inclusion of representation in digitised form, the scope of the term ‘capable of being graphically represented’ has widened considerably. This amendment is a ray of hope for proprietors of non-conventional trade marks like odour marks or motion marks which are not capable of being graphically represente>