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@article{187904,
        author = {LAKSHMI K and NAVEENA G J},
        title = {COMPARTIVE ANALYSIS ON REGISTRATION OF SMELL MARK},
        journal = {International Journal of Innovative Research in Technology},
        year = {2025},
        volume = {12},
        number = {7},
        pages = {53-59},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=187904},
        abstract = {The evolving concept of trademark protection brings into focus non-traditional marks including smell, sound, and taste. Smell marks are particularly problematic as it is based on subjective perception by humans and needs a visual depiction. Most importantly, the TRIPS Agreement does not expressly ban smell marks in terms of registration by nations, it depends on domestic law, creating different national practices that lead to confusion. Many nations like the European Union, United States, Netherlands and Australia have been able to register smell marks under specific conditions. When registering smell marks, they utilize a variety of methods, employing deterrent chemical formulations, written descriptions, and uniform classification standards like the Sieckmann test for clarity and objectivity.
In contrast, India’s current rules concerning trademarks, which impose significant barriers on registration of smells as trademarks, because there is no graphic representation. This paper seeks to complete a comparative analysis of the laws relating to smell marks, and registration of smells by the developed and developing countries to determine if the concept of smell mark protection in India is tenable. The paper considers the various methods adopted by countries and whether they enforce protection of smells trademarks, the effect of smell trademarks on a country's market, and the legal concerns surrounding the absence of those protections in India. By taking into account the commercial and cultural potential of smell marks, particularly concerning traditional perfumes and incense, the study finds that reform is necessary. Proposed solutions include custom approaches like a modified Sieckmann criterion, different representations made available or relaxing distinctiveness standards for scents familiar in the Indian culture, as well as introducing technologies for capturing smells in a new manner. If India followed these recommendations, it could embark on a journey of having smell marks recognized as a legitimate category of intellectual property and also innovate for these developments to keep in step with the broader hierarchical innovation in the world.},
        keywords = {},
        month = {November},
        }