International Journal For Multidisciplinary Research

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A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

Call for Paper Volume 6 Issue 3 May-June 2024 Submit your research before last 3 days of June to publish your research paper in the issue of May-June.

Unravelling The Future and Scope of Smell Marks Under the Trademarks Act,1999

Author(s) AKHILA SARA BABY, ARADHANA SATISH NAIR
Country India
Abstract The realm of intellectual property law is evolving amidst the traditional notions of visual trademarks and the development of an olfactory revolution is underway. To attain this objective, the top-notch companies develop unique logos, labels so on and so forth to catch the eye of every ultimate consumer they target upon. Recently, as the industries strive towards engaging the consumers through multisensory experiences, the recognition and protection of non- conventional trademarks specifically scents gain prominence. This article focuses on the future and scope of smell marks in Indian trademark law by comparing the existing laws of United States of America, and European Union. The article begins by throwing lights on the current status of smell marks in the Indian Trademarks Act. A critical analysis and comprehensive overview of the Act in examining existing provisions and challenges associated with registering and protecting olfactory trademarks, considering the subjectivity and fluidity of scent perception has been done. In order to be served as a benchmark for evaluating the adequacy of existing frameworks within the Indian context, drawing parallels with international practices is necessary. The approaches adopted by other jurisdictions, such as the European Union and the United States in recognizing and safeguarding smell marks has been observed. Furthermore, considering the growing significance of scent branding and the global trend towards acknowledging the distinctiveness of olfactory identifiers, the article strives to anticipate the future trajectory of smell marks in India. The article emphasis on the need for amendments required in the current legal frameworks to accommodate and protect smell marks balancing with the interests of trademark owners and consumer.
Keywords TRADEMARK, SMELLMARKS, OLFACTORY MARKS, NON-CONVENTIONAL TRADE MARKS, DIGITALISATION, ODOUR MARK, GRAPHICAL REPRESENTATION
Field Sociology > Administration / Law / Management
Published In Volume 6, Issue 3, May-June 2024
Published On 2024-05-04
Cite This Unravelling The Future and Scope of Smell Marks Under the Trademarks Act,1999 - AKHILA SARA BABY, ARADHANA SATISH NAIR - IJFMR Volume 6, Issue 3, May-June 2024. DOI 10.36948/ijfmr.2024.v06i03.17719
DOI https://doi.org/10.36948/ijfmr.2024.v06i03.17719
Short DOI https://doi.org/gttbj5

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