The Non-Conventional trademarks are those which does not fall under the ambit of conditional trademarks like marks including letters, numbers, logos, pictorial description, symbols or those which consists of combination of such elements. The definition of Non-Conventional trademark states that it includes packaging, combination of colours and shape of goods under its ambit. These are simply those marks which are generally based on smell, sound, shape, textures, taste etc. In the Copyright Act it is nowhere mentioned but the definition of Trademarks includes Non-Conventional trademarks as well. Sometimes some problems arise with respect to Non-Conventional trademarks like customer usually identifies non-conventional trademark on the basis of their shape and colour but in case of product with taste and smell the perceptions do sometimes vary which gives rise to confusion among customers. Other problem is registration of non-conventional trade mark on basis of odour and sound marks.

Graphical representation of Non-Conventional marks:  Graphical representation of a mark is considered to be sine qua non which means an essential condition for the registration of trademark in India. In order to get registered a trademark application should be geographically represented and mark must be capable of being put in a register in physical form also it needs to be published in a journal. Graphical representation of non-conventional marks is problematic and hence it is condered to be a huge barrier in registration of such marks. The non-conventional marks are:

1. Odour mark: it is very controversial trademark and it has been very popular in recent times. The registration of odour mark was not considered and was rejected as the geographical representation was not possible, this happened in case of Raif Seickman v. German Patent office.
2. Colour mark: there are two forms of colour trademark, one is single colour trademark and second is combination of colours. Combination of colours has been included in several national legislations. In Libertel Group BV v. Benelux Trademark Office a issue was raised that weather a single coloured trademark which is orange in colour can be registered or not. The ECJ held that such representation must be precise, clear and self-contained.
3. Scent mark: In cases of scent trademark, the registry happens on the basis of Shield Mark Doctrine. The "geographical representation" of scents up to now has completely been verbal. a verbal description of smell can be subjective and can't definitely offer a complete-evidence technique of figuring out and distinguishing one odour or fragrance from some other. Every other commonly used shape of graphical illustration of a scent is describing the smell as a chemical system. However the courtroom of justice has been of the view that a chemical method does no longer constitute the smell of the chemical itself and that few human beings could be capable of get a sense of the odour based totally on its chemical method. In addition, a pattern of the fragrance furnished as evidence of the heady scent in question may additionally degenerate over a period of time as the chemical composition may additionally deteriorate.
4. Sound mark: through written descriptions and musical notations the geographical representation of sound mark may be done. In Sheif Mark BV v. Joost kist. The ECJ held that when sound is represented geographically by using written language the requirement of geographical representation is not satisfied. ECJ said that when sound is divided into musical notes and measures and is shown as stave then it is accepted.