A Study On The Entry Of Odor Trademark Entering Law In China

With the rapid development of information technology and the rapid acceleration of the pace of consumption,various new business models continue to blow out.In order to improve the brand strength of enterprises,almost all commodity producers or service providers are focusing on using non-traditional novel factors to capture the attention of the public to improve the exposure of their products or services.The trademark,whose primary function is to distinguish the source of goods or services,is also developing to non-traditional fields.Many kinds of non visible trademarks,such as voice trademark and smell trademark,are favored by the majority of businessmen and consumers because they can successfully avoid people's visual fatigue.In 2013,China's trademark law was revised for the third time,and the voice trademark was officially included in the protection scope of the trademark law.However,so far,the smell trademark,which belongs to the same non visible trademark as the voice trademark,has been rejected by China's trademark law.Odor trademark takes people's smell system as a sign to distinguish the source of products or services.There are many successful registration cases in foreign countries,and more and more countries and regions are clearly protecting odor trademark through laws.As the second largest economy in the world,China should take the lead in the protection and innovation of intellectual property as soon as possible.Therefore,it is of practical significance to study the entry of odor trademark entering law in China.In addition to the conclusion,this paper is divided into five chapters:The first chapter is the introduction,which analyzes the research background,research significance,research methods,research structure and research innovation.The second chapter introduces the history and development of odor trademark,especially the attitude of the main countries and regions to odor trademark,and introduces some classic cases of foreign odor trademark registration.In chapter three,based on the advantages of odor trademark and the development of our country,the necessity and feasibility of odor trademark entering into law are discussed.In this chapter,the author tries to be novel and unique,unconventional and not empty.In the fourth chapter,with a practical attitude,the author lists the obstacles that odor trademark may face in its naturalization.In this chapter,the author collected some information about science and engineering and odour,and tried to put forward and analyze problems from the essential level.The fifth chapter takes the attitude of supporting the entry of odor trademark into the law as the research attitude,puts forward the Countermeasures for various obstacles in the fourth chapter,and puts forward legislative and legislative suggestions from the legal aspects of the trademark law,the regulations for the implementation of the trademark law,the standards for Trademark Review and examination,etc.