Research On The Necessity Of Legislative Protection Of The Smell Mark

The rapid progress of science and technology is driving economic development,and the product of the market is an important part of commercial competition.In the traditional paper-based era,visibility logos are the only way to display trademarks.In the interconnected era,the rapid development of technology has brought about new things.Traditional visibility trademarks have been far from meeting the needs.New types of trademarks are increasingly being explored and applied.When the Trademark Law was amended for the third time,legislators clearly stipulated that the “sound”logo can be used as a trademark,which means that new trademarks have gradually been recognized by people.Unfortunately,the Trademark Law does not provide for the smell mark.There are many discussions on the smell mark in the society,and there are many objections.However,most scholars mainly study the registration requirements of the smell mark,but do not respond to the doubts.Therefore,it is important to focus on responding to the doubters' concerns,affirming the need for legislative protection of the smell mark.Based on the idea of "inductive questioning-answering questioning",this article fully demonstrates the necessity of legislative protection of the smell mark.First introduce the background,explain the research status of the smell mark,and clarify the purpose of this writing;and then discuss the academic disputes of the smell mark in detail.Including analysis of whether the Article 8 of the Trademark Law contains the smell mark;And make a point:The article 8 of the trademark law does not include the smell mark.sort out the concerns of the opponents and summarized as less practical needs,not universally recognized internationally,and possibly with the Trademark Law.Next,explain the doubts in these three areas.By analyzing the three perspectives business that the Business needs,the need for expanded types of trademarks,and the demand for the development of the knowledge commodity market,we can know that the smell mark are necessary for social practice;from the United States,the European Union,Australia,Hong Kong and other countries and regions,it can be known that the smell mark is necessary for legislative protection within the comparative law;from the perspective of Trademark Law,the smell mark comply with the legislative purpose,Moreover,the smell mark is distinctive and can be expressed,which comply with the procedural requirements of the Trademark Law,it shows that the smell mark does not conflict with the Trademark Law.According to the particularity of the smell mark,its significance is summarized from the classic cases,Compare the practices of the United States,the European Union,Australia and other countries and explore the ways of expression.Finally,combining with the whole content,puts forward the opinions and Suggestions on the construction of the smell mark system prospectively.