Economic Rationale for Extending Protection to Smell Marks

24 Pages Posted: 7 Nov 2007

See all articles by Ashitha Bhagwan

Ashitha Bhagwan

New York University School of Law

Namita Kulkarni

affiliation not provided to SSRN

Padmanabha Ramanujam

OP Jindal Global University - Jindal Global Law School (JGLS)

Date Written: October 2007

Abstract

In the traditional view of trademark law, a trademark serves its brand-identifying function. Consequently, marks which consumers actually use to identify the source of a product were allowed protection. James Hawes was the first commentator to assert that product scent merits trademark protection. This paper presents a study which discusses the appropriateness of trademark protection for fragrances. It is also argued that there exists some economic justification for allowing new forms of non-standard marks and in particular smell marks.

Keywords: smell marks, fragrances and non-standard marks

JEL Classification: K10, K20, K30

Suggested Citation

Bhagwan, Ashitha and Kulkarni, Namita and Ramanujam, Padmanabha, Economic Rationale for Extending Protection to Smell Marks (October 2007). Available at SSRN: https://ssrn.com/abstract=1027281 or http://dx.doi.org/10.2139/ssrn.1027281

Ashitha Bhagwan

New York University School of Law ( email )

240 Mercer street #105A
New York, NY 10012-1558
United States

Namita Kulkarni

affiliation not provided to SSRN ( email )

No Address Available

Padmanabha Ramanujam (Contact Author)

OP Jindal Global University - Jindal Global Law School (JGLS) ( email )

Jindal Centre 12 Bhi12 Bhikaiji Cama Place
Near Jagdishpur Village
New Delhi, Uttar Pradesh/Haryana 110 066
India

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