Legal Protection Of Odor Trademarks

With the rapid development of China's brand economy,the trademark strategy has been continuously promoted,and the trademark forms have been to the non-visible trademarks such as the sound trademark and the scent trademark.The scent trademark as a new thing,can bring strong impact and appeal to consumers' sensory organ.It gradually attracts attention,and internationally attaches great importance to the protection of the scent trademarks.But in our country,there are not many studies about the scent trademark and the legislative protection of scent trademarks is also in a blank state.Therefore,our country should also keep up with the international situation,to strengthen the study of the scent trademarks.This article mainly discusses the related issues of the scent trademarks from five parts using multiple argumentation methods,including case analysis method and comparative analysis method.The first part is the overview of the scent trademarks,introduce what is the scent trademarks,summarize the characteristics of the scent trademarks and classify the scent trademarks into three categories: unique scent marks,primary scent marks and secondary scent marks.The second part is the necessity of the scent trademarks protection.It addresses why scent trademarks need to be protected.Legal protection of the scent trademarks is applicable to the development of digital scent technology,internationalization of the scent trademarks protection,and beneficial to maintain fair competition in the market,protect the interests of the consumers and business operators.The third part is the scent trademarks protected by the laws of the extraterritorial legislation current situation analysis and revelation,through to the domestic and foreign scent trademarks law protection legislation present situation analysis,providing reference for the legal protection of the scent trademarks in China.The fourth part is about the difficulties and countermeasures of the legal protection of the scent trademarks.Including the difficulties caused by the natural properties of scent,the subjective nature of the scent experience,and the difficulties caused by the scent trademark advertising,through the analysis,put forward the corresponding solutions..The fifth part is about the proposal of establishing the scent trademark legal protection system in China.In the transition phase,the anti-unfair competition law is used to protect the scent trademark.When the conditions are ripe,it will be protected by the trademark law,and put forward the idea about the scent trademarks application for registration review procedure in China.