Olfactory trademarks: peculiarities of obtaining legal protection

The article is focuses on the research of issues concerning the acquisition of legal protection by olfactory trademarks. As a result of unceasing technological development, means of individualization in the marketing of services or products are acquiring new patterns of expression, in particular in the form of olfactory trademarks. Nowadays, the legislation of only a few countries provides for the possibility of obtaining legal protection for trademarks with this form of expression. It is obvious that with the further development of technology, the registration of olfactory trademarks is bound to become more widespread. This is due to the likelihood that technology will in the future be able to adequately transmit scents at a distance, based on its success over the past centuries in transmitting sound and images. However, since the transmission of scents at a distance by technological means is not currently provided for, the legislator faces a significant dilemma with respect to the legal protection of olfactory trademarks. Since, as a general rule, in order to obtain legal protection, a trademark must be represented in the register, the question arise how to represent olfactory trademark in the register in such a way in the same unambiguous and certain manner as other trademarks. The presence of this aspect which is caused by the specifics of olfactory trademarks naturally raises the question of the legal protection of such trademarks. Thus, the issue of legal protection of olfactory trademarks has thus been reflected the scientific legal doctrine. However, the absence of an unequivocal approach to the legal protection of olfactory trademarks requires further research on this issue. In this study the author examines the specifics of olfactory trademarks, the peculiarities of obtaining legal protection, and the legal approaches to ensuring legal protection of olfactory trademarks. In the course of the study, the author established the criteria for obtaining legal protection for olfactory trademarks and considered the prospects for granting legal protection to such trademarks in Ukraine.