Olfactory Trademark - A Comparative Analysis Of Attempts To Register Olfactory Trademarks

Aakarshna CG & Sanjana Balaji, B.B.A. LL.B. (Hons) at School of Law, SASTRA Deemed University, Thanjavur, Tamil Nadu

ABSTRACT

Meeting the needs and wants of buyers is the ultimate trick for the business sharks to maximize consumer fans and exorbitant profits. Infusing certain unique retrofits to a product can leave a prefund psychological impression on the consumer which encourages him to prefer a particular brand that provides a better impression. Unconventional or non-conventional trademarks include a variety of sensory experiences that create an emotional and memorable experience for the consumer, enabling him to distinguish one brand from the other. Specifically, an olfactory trademark, or scent mark, is a distinctive fragrance used to uniquely identify a product or service, serving as a sensory brand element that differentiates it in the market. This Paper aims to analyze the legal position of olfactory trademarks in India compared to foreign jurisdictions and the challenges faced in recognition of the same in India. It further seeks to study the various successful and unsuccessful attempts to register olfactory trademarks that have been put forth before various authorities to decide.

Keywords: trademark, infringement, unconventional trademarks, olfactory trademarks, smell