Comparative Analysis of Olfactory Trademarks in Different Jurisdictions
A trademark is a kind of Intellectual Property Right (IPR) that seeks to identify and differentiate the goods and services of one from that of another, which primarily enables the proprietor of the mark to prevent any unauthorized use of the mark. The distinctive feature of a mark gives it a 'brand image' and helps maintain an edge in the market. These marks are often perceived as two-dimensional marks comprising words, logos, slogans, to name a few, but can also culminate into three-dimensional figures or even unconventional marks constitutive of sounds or even smells.
In today's times, marks like single-colored trademarks, motion trademarks, shape trademarks (3D trademarks), and sound trademarks have become more widely accepted and registered. Although they are much in vogue, it is arduous to have them registered due to the requirement of graphical representation and element of distinctiveness, which ought to be proven by the registrant.
Olfactory Marks