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

AKHILA SARA BABY; ARADHANA SATISH NAIR

doi:10.36948/ijfmr.2024.v06i03.17719

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

View / Download PDF File

E-ISSN 2582-2160

doi

CrossRef DOI is assigned to each research paper published in our journal.

IJFMR DOI prefix is
10.36948/ijfmr

Downloads

Research Paper Format Copyright Permission Form and Undertaking Form Cover Page Vol 6 Isu 6 Cover Page Vol 6 Isu 5 Cover Page Vol 6 Isu 4

All research papers published on this website are licensed under Creative Commons Attribution-ShareAlike 4.0 International License, and all rights belong to their respective authors/researchers.

CC-BY-SA

About IJFMR Fees & Payment Current Issue Publication Archive	Submit Research Paper Track Submission Status Publication Guidelines Publication Ethics Peer Review & Plagiarism	Join as a Reviewer Editors & Reviewers Reviewer Referral Program Get Reviewer Membership Certi.	Website/Journal Policies Usage Policy Content Policies Privacy Policy

Contact Us		+91-9898-5948-55	editor@ijfmr.com

International Journal For Multidisciplinary Research

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

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

Share this