Munich Personal RePEc Archive

Economic Rationale For Extending Protection To Smell Marks

Bhagwan, Ashitha and Kulkarni, Namita and Ramanujam, Padmanabha (2007): Economic Rationale For Extending Protection To Smell Marks.

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Abstract

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.

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