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DEVELOPMENT OF LAW ON REGISTRABILITY AND PROTECTABILITY OF UNCONVENTIONAL TRADE MARKS SUCH AS SHAPE, SOUND, SMELL, COLOUR AND TASTE IN INDIA, UNITED STATES OF AMERICA AND EUROPEAN UNION

ByAnkit Rastogi

Unconventional Trade Marks is always an interesting topic in Trade Marks Jurisprudence. The ambit of Unconventional trade marks is ever expanding even to consider something as vague as taste. With capitalism ever increasing, it has become increasingly important for the business entities to protect whatever they think if used by another will decrease their sales…

Venootschap onder Firma Senta Aromatic Marketing’s Application

ByAnkit Rastogi

Venootschap onder Firma Senta Aromatic marketing’s Application; [1999] E.T.M.R. 429 (Eur. Comm. Trade marks Office, Second Board of Appeal) Brief Facts: The Applicant applied for registration of a smell mark with the description ‘THE SMELL OF FRESH CUT GRASS’ for tennis balls. The Examiner was of the view that the words ‘the smell of fresh…