Test of Graphical Representation of Scent Mark: Fit or Unfit

Abstract

The level of protection for non-traditional marks can vary widely from country to country, and businesses seeking to protect these types of marks internationally must navigate a complex web of national and international trademark laws and conventions. While U.S. trademark regulations have broadened their scope to encompass non-traditional marks like colors, scents, and sounds, international agreements and the trademark systems of many other countries tend to be less receptive to these unconventional types of marks. For example, the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) sets out minimum standards for trademark
protection, but it does not require member countries to provide protection for non-traditional marks such as colours, scents, or sounds. Instead, it allows member countries to decide for themselves whether to grant protection for these types of marks. Even in countries that do provide protection for non-traditional marks, the criteria for registration and protection may be stricter than in the United States. For example, in some countries, registration of a colour mark may be conditional on the mark having acquired distinctiveness through use in the marketplace, meaning that the mark must have become known to consumers as identifying a particular brand or source of goods or services. Overall, the level of protection for non-traditional marks can vary widely from country to country, and businesses seeking to protect these types of marks internationally must navigate a complex web of
national and international trademark laws and conventions.