Abstract

“Taste and Smell are often the beggars among the five senses – they leave no written language and therefore no standards other than wholly personal ones”. This quotation said by the famous American writer Frank Schoonmaker holds true even in the Trademark domain, especially in a developing country like India, where smell marks and taste marks have been completely neglected. In this paper, the position of unconventional marks namely smells marks and taste marks in India when compared to the developed countries, has been highlighted. In today’s times, businesses are using smell marks and taste marks as new methods of distinguishing their products and establishing a brand identity in the market. Even consumers have started associating smells and tastes to particular products and brands. Hence, it is of utmost importance to discuss this aspect and protect these unconventional marks. The paper begins with an introduction to the meaning and importance of smell marks and taste marks. After which, the topography of smell marks and taste marks in the developed nations, including but not limited to the United States of America, the European Union and Australia, has been discussed in detail with the help of case laws and statutory provisions. The paper then discusses the situation in India in the context of smell marks and taste marks. Further, suggestions have been listed down which could be used for the easy incorporation of smell marks and taste marks into the Indian trademark system.

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