The Registration And Legal Protection On The Scent Trademark

With the rapid economic growth, the trademark forms have been undergoing innovation, with a tendency from the traditional word, figurative trademark to Three-Dimension, color trademark and even to the scent trademark. Currently, due to the increase of the scent mark in the field of trademark, its registration, examination and infringement also become a hot topic in the global field of intellectual property right. China has made the third draft amendment to the Trademark Law, so it is of important practical significance to research into the scent mark registration and legal protection.This paper is divided into five parts on the scent trademark registration and legal protection. The first part summarizes its legal system, and introduces the meaning and characteristics of the scent mark. Meanwhile, it discusses the necessity of the legal protection of the scent mark . The second part adopts the method of comparison and analyses the current situation of legislation, precedent and judicial practice of scent mark in some countries and regions. The third part discusses the registration and examination of the scent mark and demonstrates possibility for its being brought into the legal framework. The fourth part puts forward some questions on the protection of scent mark .And The final part offers several proposals to perfect the model selection of the legal system and the countermeasures on the scent mark .Now scent mark still hasn't been protected under the Chinese Trademark Law, so this thesis suggests that scent mark should be protected when Trademark Law is amended. In this way, it can conform to the international Trademark Act and guarantee the fair competitive environment of market so that we maintain our brand reputation and accelerate the economy development of our country.