Bhagwan, Ashitha; Kulkarni, Namita and Ramanujam, Padmanabha (2007): Economic Rationale For Extending Protection To Smell Marks. Unpublished.
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In the traditional view of trademark law, a trademark serves its brand-identifying function. Consequently, marks which consumers actually use to identify the source of a product were allowed protection. James Hawes was the first commentator to assert that product scent merits trademark protection. This paper presents a study which discusses the appropriateness of trademark protection for fragrances. It is also argued that there exists some economic justification for allowing new forms of non-standard marks and in particular smell marks.
| Item Type: | MPRA Paper |
|---|---|
| Language: | English |
| Keywords: | smell marks; fragrances and non-standard marks |
| Subjects: | K - Law and Economics > K1 - Basic Areas of Law > K11 - Property Law |
| ID Code: | 5604 |
| Deposited By: | Padmanabha Ramanujam |
| Deposited On: | 05. Nov 2007 |
| Last Modified: | 07. Nov 2007 04:50 |
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