1. Introduction: Non-conventional marks have always been approached with a very conservative approach. Non-conventional marks are difficult to get registration then the conventional marks. Conventional marks may get registration by satisfying the conditions of being a trademark. However, on the contrary, non-conventional marks do not satisfy the conditions of the trademark’s definition. A mark to get registration has to satisfy the conditions of the trademark’s definition. A mark to get registration has to be graphically represented and it must be capable of being distinguished. However, non-conventional marks, mostly, do not satisfy the requirement of graphical representation. However, the extent to which non-conventional marks may get registration will be examined in this paper. Moreover, the requirement of graphical representation has been removed from European Union because of it being a rigid requirement. United States also does not require the mark to be graphically represented, which paves the way to non-conventional marks to get registration. Non-conventional marks like colours, sounds, smell, taste and shape do not satisfy the requirement of graphical representation some way or other. The main obstacle for the refusal of registration to non-conventional marks is the graphical representation. 2. Requirement for registration of Trademark: A mark has to fulfil the requirement of graphical representation to get the protection of trademark. The requirements are different in every State. However, the general requirements which have been prevailing in most of the States are that a mark should be capable of being graphically represented and be capable of being distinguished. However, the requirement of the graphical representation has been removed from European countries and also from the United States. Graphical representation requires a mark to be precise, clear, self-contained, durable, unequivocal, objective, easily accessible and intelligible. Conventional marks fulfil these requirements of graphical representation. Conventional marks are words, numbers, alphabets, alpha numericals, abbreviations, slogans and group of words, however this is not an exhaustive list. All these above mentioned types of marks fulfil the requirements of graphical representation. For instance, a word ME may be registered because it fulfils the requirements of being precise, durable, objective, unequivocal, and all other. However, on the contrary a non-conventional mark does not fulfil these requirements. 3. Obstacles for non-conventional marks to get registration: The main obstacle between the registration of a non-conventional mark is the graphical representation. For instance, colour mark does not fulfil the requirements of graphical representation. A colour mark is not durable, precise, clear and intelligible. This requirement removed in European countries. However, as opposed to European countries, India and Pakistan recognize the requirement of graphical representation. It has been criticised by many trademark experts that this conservative requirement should be removed and a liberal approach should be given to requirement of trademark registration, because this restricts the registration of non-conventional marks. 4. Extent to which non-conventional marks get registration: Trademark is defined as a mark which is capable of being graphically represented and is capable of being distinguished. A mark in particular, include, alphabets, numericals, alpha numericals, words, abbreviations, slogans, colour, sound, smell, touch and group of words. Smell marks are not included in this. However, Trademark experts argue that above list of types of mark cannot be said as exhaustive list. In above definition of a mark, smell and taste have not been included. They argue that mark also includes smells, tastes and motions. a) Colours Mark: Colour marks are subject to refusal because of they lack precision, durability and are not clear and objective. Moreover, colour marks are also refused for registration because of the colour depletion theory. The depletion theory states that there are limited number of colours that is why a colour cannot be given in monopoly to one particular business because that would impair the fair competition between the other businesses. Moreover, the theory is not applicable any more. However, the colour mark may be registered to the extent of combination of colours, which may be registered because they do not impair the fair competition and are also distinctive in nature. Colour marks may also be registered to the extend that they may be graphically represented by using Internationally Recognised Identification Code, for instance, RGB,RAL etcetera. b) Sound Marks: Sound marks do not fulfil the requirements of graphical representation because they are not clear and are not precise. For instance, sound of a wood being punched. It raises a lot of questions like “what kind of wood it is? “, “with how much pressure the wood is being punched?”, “whether the person punching the wood is child, adult man or women?”. These questions create the ambiguity and lack of precision. However, it is argued that a sound may get registration to the extend of being graphically represented by submitting a musical notation of 30 seconds on paper and an mp3 format. It then creates the question of it being a unintelligible. But this objection may be resolved on the basis that from whom the mark is being protected so the audience would become very much specific; only those will be the audience from the mark is being protected, who knows about the sound or musical notations. It will be intelligible for them if we keep in mind the persons from whom we are protecting our mark. As for as the question of general audience, who will listen to the mark and is supposed to recognize the origin is concerned, so it is advocated by trademark experts that general audience recognize the origin by the sound itself. c) Smell Mark: Smell mark does not fulfil the requirement of graphical representation because of it they cannot get trademark protection. However, smell mark may be submitted in the form of chemical formula. However, chemical formula does not fulfil the requirement of being intelligible. However, it may be argued that the relevant audience will have the idea of the chemical formula of the fragrance of the smell. Moreover, a written format describing the smell would also lack the precision and would not be clear. However, it may be possible to represent a smell graphically by submitting in the international standard of classification of odorants, for instance, Zwaardemaker Smell System, however, that is yet to be examined. d) Taste Marks: Taste marks also do not satisfy the graphical representation’s requirements. Moreover, taste marks also do not get registration because functionality of the product. A giving trademark protection to a taste will ultimately mean the registration to the recipe which will cause an unfair competition. Moreover, taste marks are refused for trademark protection on the basis of doctrine of functionality. Functionality doctrine prevents the protection for useful feature of the products which is necessary. e) Shape Marks: Shape marks may be registered as trademarks by satisfying the conditions of trademark law. Shape marks can be registered in US if they have a distinctive in nature rather then being functional, For instance, shape of bottle of coca cola is registered. Moreover, in US, if a mark promotes or aids the better functioning of the product then it would not be registered. However, in India and Pakistan, a shape marks may be registered to the extent of it not being resulting from the nature of the goods, it should not be the shape which is necessary to obtain a technical result. Moreover, it should also not give any substantial value to the goods. 5. Conclusion: In conclusion, non-conventional marks are very much difficult to get registration. The requirement of graphical representation is the main obstacle for non-conventional marks to get the protection of trademark. However, conventional marks easily get protection of trademark. The requirement of graphical representation, however, has been removed by most of the developed nation. Non-conventional marks include colour mark, sounds marks, shape marks, taste and smell marks. All the above marks does not fulfil the requirement of graphical representation except shape marks.