Unveiling The Olfactory Signature: A Critical Analysis Of The Legal Concept Of The Smell Trademarks In India

Sudhanshu Goel, GGSIPU

Anshi Mudgal, GGSIPU

ABSTRACT

All across the world, rules that protect trademarks are continuously being updated and revised. The breakthroughs and advancements that have been seen in the field of trademarks in recent times are classified as "non- conventional trademarks." These trademarks embrace not only the senses of taste, smell, and sound, but also other senses. The process of registering smell markers is viewed differently by various administrations depending on the country. Since it is an ever evolving concept in the current world, this paper will be going into what the concept is first, then it will be looking into the scenario/ position which smell trademarks are at in India, so as to understand the situation with regards to an international, as smell trademarks are the next big advantage companies can enjoy in the global competition. And then finally the paper will look into the registration for the marks and as well as the different arguments which have been extended globally towards such smell mark registrations (both in favor as well as against), so that for a nation like India which has a lot of progress to achieve in it in the future, is able to get a better idea about it, and thus be able to go for it with a better and calculated approach.