A Comparison of Laws on Olfactory Marks vis-a-vis the National and the International Sphere

  • Prerana Das and Oishee Banerjee
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  • Prerana Das

    Student at Amity Law School, Kolkata, India

  • Oishee Banerjee

    Student at Amity Law School, Kolkata, India

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With every moving day, the scope of trademark protection law is widening worldwide. The innovation and progress in the field of trademarks that have been seen recently fit under the category of "non-conventional trademarks," which encompasses smell, sound, taste, and other senses. When it comes to the registrability of smell markings, different countries have varied perspectives. Even though many nations have expressly prohibited the registration of trademarks that lack words or cannot be graphically represented, it has been established that some common law countries allow the registration of smell marks. Nonetheless, the question of whether smell marks are qualified for trademark registration is still debatable. These replicas were limited to smell marks exclusively for the sake of this article. This paper is divided into three sections. It begins by examining the worldwide status of smell marks. It then goes on to discuss the reasons for and against the registrability of smell marks before concluding with a critical analysis based on the findings, and It further deals with the International Development of Smell Mark specific to countries like the United States of America, the United Kingdom and India. When we talk about a critical study of smell mark registration, we're referring to the fact that, while scent marks appear to be a creative way of distinguishing goods and services at first glance, they're not feasible due to the subjective nature of the human sense of smell.


Research Paper


International Journal of Legal Science and Innovation, Volume 3, Issue 6, Page 86 - 96

DOI: https://doij.org/10.10000/IJLSI.111169

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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