In India, any work of architecture or work that possesses artistic character are eligible for copyright protection. The above mentioned eligibility is subject to an exception of fair use. Fair use means, if such architectural work is situated in a public place, then making or publishing of a painting, drawing or photograph of the work, as well as its inclusion in a cinematograph film would be eligible for exception under fair use.
Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours. Trademark can also be granted for sound and smell marks even though they are not expressly mentioned in the Trademark Act.
Taj Mahal Palace Hotel, is India’s first building to obtain a trademark. On 19th June, 2017, Indian Trademark office granted a trademark with this regard. On obtaining the trademark registration Rajendra Misra, Senior VP of Indian Hotels Company Ltd. stated that “One look at that property and you know it is the Taj. We don’t even need a signboard over there…that’s exactly what a trademark is.”
Taj Mahal Hotel has joined the elite list of building that possess a trademark which are New York’s Empire State Building and Sydney’s Opera House. The registration for Taj Mahal Hotels is done under Class 43 of nice classification which covers ‘Services providing food & drink; temporary accommodation’.
Brands and Fakes has aligned the capabilities of the service delivery eco system with the industry verticals, so that the Brands under various industry verticals and sub verticals are able to get services from expertise in their specific domains.