Moving Beyond Boundaries: Legal Frameworks for Protecting Body Movements and Signature Poses as Trademarks in India's Cultural Context
- NLR Journal
- 4 days ago
- 1 min read
By Bhavya Sree D, Gundre Charitha Reddy & Sairam Dommetti,
Christ Academy Institute of Law, Bengaluru.
Abstract
The emerging field of movement trademarks, focusing on the protection of distinctive body movements and signature poses as source identifiers. Through comparative analysis of legal frameworks in the European Union, United States, Singapore, and India, the study identifies critical inconsistencies in representation requirements, distinctiveness assessments, functionality doctrines, and cultural significance considerations. The paper addresses unique challenges when applying traditional trademark principles to kinetic expressions, particularly in India's context with its rich heritage of classical dance, yoga, and religious gestures. It explores the intersection between movement marks and other intellectual property rights including copyright, design rights, patents, and personality rights, revealing both strategic opportunities and potential conflicts.A balanced regulatory framework is proposed, featuring specialized distinctiveness criteria, harmonized international standards, cultural expression exemptions, and proportional enforcement mechanisms. For India specifically, the research recommends refining existing doctrine rather than creating new frameworks, modernizing the Trade Marks Registry infrastructure, and developing industry self-regulatory practices.This approach aims to reconcile legitimate commercial interests with public domain preservation—particularly significant for India's dual commitment to economic development and cultural heritage protection. As technological capabilities advance movement-based branding strategies, the paper concludes that thoughtfully developed movement mark protection can support creative commercial expression while respecting cultural legacies and maintaining trademark law's fundamental consumer protection objectives.
Keywords: Movement Trademarks, Signature Poses, Intellectual Property, Distinctiveness Assessment, Traditional Knowledge.
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