Can the law learn to smell change? Olfactory trade marks and the CGPDTM’s first encounter with scent marks in India

Key Points

• This research addresses the legal challenges surrounding the registration of scent trade marks in India.
• Analysis of the acceptance of a trade mark application by CGPDTM.
• Examination of the olfactory trade mark for the fragrance of roses.
• Identification of conceptual and procedural discrepancies in trademark law.
• First acceptance of a scent trade mark in India by CGPDTM.
• Highlights unresolved issues with olfactory marks in the legal framework.
• Showcases the complexities of trademark registration for non-traditional marks.