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Unlocking The Aromatic And Flavourful World Of Trademark

Naganathan Iyer, SASTRA Deemed University Thanjavur

Iniyavan Abdullah, SASTRA Deemed University Thanjavur


The Trademarks Act 1999 is a formidable legislation dealing with registering and regulating trademarks in India. However, the legislation has not included non-traditional marks such as smell and taste marks under its purview, which are of contemporary importance. As such, their omission from the current Indian trademark regime poses challenges and raises questions about the adequacy of legal protection in an evolving commercial landscape. This paper takes into consideration the existing treaties and international law on trademarks such as the United States, the European Union, and select Asian jurisdictions, offering a comparative analysis of their legal frameworks and conducting a comparative qualitative analysis necessary to understand its implications to the Indian perspective. The paper also focuses on the possible steps for the inclusion of such non-traditional marks under the existing Indian legal framework and addresses important questions regarding the recognition and distinction of particular smell and taste marks with other conventional trademarks.

Keywords: Trademark, Smell Mark, Taste Mark, TRIPS Agreement, Paris Convention, International


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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