Section 2(1)(zb) Trade Marks Act 1999 defines 'trade mark' as a mark capable of being represented graphically and:

1. Section 2(1)(zb) Trade Marks Act 1999 defines 'trade mark' as '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'. 2. The key requirements: (a) capable of being represented graphically; (b) capable of distinguishing goods/services of one person from those of others. 3. India is a member of WIPO and a contracting party to Paris Convention (Article 6quinquies), but is not yet a party to the Singapore Treaty on the Law of Trademarks 2006 specifically. 4. Non-conventional marks (sound, smell) face graphical representation challenge in India. 5. Hence option B is correct. _Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Trade Marks Act 1999, Section 2(1)(zb)_