Smell as a Trademark: Its Registrability And Challenges in India and Other Countries (By Pooja Kulkarni)
After a few remarkable non-conventional
trademarks like Sound Mark, the chances of recognition by law on Smell Mark as
a legitimate one is yet to be encouraged and developed. Scented stick and
perfume oil fragrances, Sandalwood may one day be recognised as trademarks and
Indian law is forced to embrace the need for different forms of
non-conventional marks to strengthen the recognition of smell marks, sound
marks, combination of colors etc. Currently, Indian
trademark law prohibits the registration of Smell as trademarks. Graphical representation rigidity can be reassessed.
Moreover, alternate techniques of description might introduce a variety of
non-conventional trademarks. Law can be specific about the
definition of non-conventional marks and criteria to qualify for its
registration. Even the International Conventions have to take steps for the
developments in the area of n0n-conventional marks.
Author Name: Pooja Kulkarni
Title: Smell as a Trademark: Its Registrability And Challenges in India and Other Countries
?Mohit Joshi, SMELL MARK: A
NEW ERA, International Journal on Law Management and Humanities, 2020,Vol
3,Issue 3, ISSN 2581-5369.
?Tanushree Roy,
“REGISTRABILITY OF SMELL MARK AS TRADEMARK: A CRITICAL ANALYSIS”, Journal on
Contemporary issue of Law, Vol 4, Issue 3, ISSN 2455-4782.
?WIPO Magazine, Smell, Sound
and taste- Getting a sense of Non-Traditional Marks.
?Aakrishiti Kumar, SMELL MARKS: SHOULD INDIA START SNIFFING, India
Legal, December 12, 2020
Cases:
?Lakmikant V.Patel v.
Chetanbhat Shah, AIR 002 SC 275.
?Ralf Sieckman vs Deutsches
Patent, European Court of Justice Case
