Illustration of smell as a trademark concept showing a perfume bottle emitting fragrance with legal and trademark symbols
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India’s First Smell Trademark Raises Big Questions for Brand Protection

Introduction The Indian Trade Mark Registry has accepted an application for advertisement of a smell mark described as a floral fragrance reminiscent of roses applied to tyres under Class 12. The application was initially objected to under Section 9(1)(a) and Section 2(1)(zb) of the Trade Marks Act 1999 due to lack of distinctiveness and failure […]