Economic Rationale For Extending Protection To Smell Marks
AbstractIn 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.
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Bibliographic InfoPaper provided by University Library of Munich, Germany in its series MPRA Paper with number 5604.
Date of creation: 31 Oct 2007
Date of revision:
smell marks; fragrances and non-standard marks;
Find related papers by JEL classification:
- K11 - Law and Economics - - Basic Areas of Law - - - Property Law
This paper has been announced in the following NEP Reports:
- NEP-ALL-2007-11-10 (All new papers)
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