Problematyka graficznego przedstawienia zapachowych znaków towarowych
The Issues Underpinning Graphical Representation of an Olfactory Trademark
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The aim of this paper is to question a number of aspects concerning emergence of non-conventional trademarks, with a particular emphasis on an olfactory trademark and the related problems with registration thereof. The first part follows the legislation that regulates the scope of the trademarks as well as presents a comprehensively critical review of the relevant cases from the UK and the EU purviews. Then, the author proceeds to dealing with a handful of varieties in which an olfactory trademark may be graphically represented. In addition, to enhance the understanding of the perception of scents and legal ramifications stemming therefrom, some remarks concerning the way in which human olfactory organs register smells adduced. Subsequently, substantive amendments to the EU trademark law soon to be promulgated are then elucidated, together with plausible, inexplicably conjoined influence thereof on the viability of pursuing registration of an olfactory trademark. In the conclusion, the author chooses the most valuable method of representation of an olfactory trademark, followed by an elaborate justification.
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