Unravelling The Future and Scope of Smell Marks Under the Trademarks Act,1999

Abstract

The realm of intellectual property law is evolving amidst the traditional notions of visual trademarks and the development of an olfactory revolution is underway. To attain this objective, the top-notch companies develop unique logos, labels so on and so forth to catch the eye of every ultimate consumer they target upon. Recently, as the industries strive towards engaging the consumers through multisensory experiences, the recognition and protection of non- conventional trademarks specifically scents gain prominence. This article focuses on the future and scope of smell marks in Indian trademark law by comparing the existing laws of United States of America, and European Union. The article begins by throwing lights on the current status of smell marks in the Indian Trademarks Act. A critical analysis and comprehensive overview of the Act in examining existing provisions and challenges associated with registering and protecting olfactory trademarks, considering the subjectivity and fluidity of scent perception has been done. In order to be served as a benchmark for evaluating the adequacy of existing frameworks within the Indian context, drawing parallels with international practices is necessary. The approaches adopted by other jurisdictions, such as the European Union and the United States in recognizing and safeguarding smell marks has been observed. Furthermore, considering the growing significance of scent branding and the global trend towards acknowledging the distinctiveness of olfactory identifiers, the article strives to anticipate the future trajectory of smell marks in India. The article emphasis on the need for amendments required in the current legal frameworks to accommodate and protect smell marks balancing with the interests of trademark owners and consumer.