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ARTICLE · 21 MARCH 2022

Trademarking Smells: A Comparative Analysis Of US, UK And India

Khurana & Khurana, Advocates and IP Attorneys
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It is common to see a device, a label, or even a name signature having the suffix TM.

IndiaIntellectual Property

Non-Traditional Trademarks:

It is common to see a device, a label, or even a name signature having the suffix TM. But what about the sounds and smells of products? Can they be trademarked as well? This is where Non-Traditional Trademarks come into the discussion. These marks pertain to those trademarks which are outside the ambit of the conventional definition of a trademark and include, but are not limited to, sound marks, smell marks, motion marks, and even hologram marks. For instance, Yahoo's yodel, represented through musical notes is the first-ever non-conventional mark to be registered in India. Lamborghini's signature vertical opening doors is an example of a motion mark. However, it can be a tough row to hoe when it comes to trademarking certain smells.

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