Trademarks for Olfactory Marks: The Challenges Within

ABSTRACT

Smell Marks, which is one of the non-conventional marks is allowed to get trademark in many developed countries like UK, US and EU. They have a much liberal approach to trademarking smell marks. But, when it comes to India, smell marks cannot be trademarked, due to the rigid laws it holds. There are quite a lot of issues behind trademarking smell marks. In this research paper, the researcher would be trying to analysis the issues and challenges that is associated with olfactory or smell trademarks. In this process, the author would try to analyses the position of different developed countries and how the tackled the issues pertaining to smell marks, and with the help of it, would try to come up with ideas to tackle the issues. In total, this paper would be amix of comparative and critical analysis of smell trademarks.