Smell trademarks …New trend for the future?
French and Italian perfume companies are aiming at smell trademarks to be included in the new European Resolution.
For that reason, they are trying to raise awareness regarding the existing legal gap for the protection of this kind of trademarks. Because there is no legislation applicable, it is quite easy to copy fragrancies at low costs.
In the EU, three requirements have to be met in order for a trademark to be considered as such: to be a sign; to be possible to graphically represent that sign and that it distinguishes products.
For smell trademarks to be protected, the new European Resolution will have to remove the second requirement (graphic representation) and replace it with the following “a sign that can be represented so the consumers and the authorities can identify a specific product”.