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“Smell” As A Trademark: Limitations And Suggestions

Alan Baiju & Malavika Manoj, Jindal Global Law School


Trademarks play a key role in the business world due to increasing competition by facilitating a company’s ability to be different from the competitors, by presenting them with distinguishing characteristics which in turn helps garner a relatively large consumer base. The trademark regime has now seen the emergence of unconventional forms of trademarks such as smell, sound, and taste marks. This article aims to examine the possibility of smell as a trademark with respect to the graphical representation and functionality test as well as discuss functional suggestions that would pave the way for easy registration of such unconventional trademarks.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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