On Legislation Construction Of "Scent Trademark" In Our Country

The era of globalization has come.Many Chinese enterprises have entered into overseas markets,and overseas enterprises have also entered into China.In a modern world of increasing globalization and diminishing trade barriers through a variety of free trade agreements,it is important for companies to have their own trademarks.China’s Huawei and Xiaomi can illustrate this point,these trademarks have incomparable economic value.With the development of science and technology,not only people’s quality of life has been improved,but also the market trading patterns are changing.In order to adapt to this change,enterprises widely publicize their products and let demanders and traders identify their products.They are not limited to visual trademarks composed of words,graphics,symbols,etc.,but try to use hearing,smell,taste and other elements from a more unique new perspective.As a result,non-visual trademarks such as smell labels have emerged,and unique marketing methods that utilize the five human senses are gradually changing consumers’ buying behavior.In many countries,scent trademark is also protected as a trademark.The emergence of this new type of trademark can be seen as a derivative with the development of social technology.From the point of view of the function of the trademark,the scent trademark can also be fully protected.Just from the point of view that the smell can remind people of a particular brand,I think it can be completely registered.Scent trademark is one of the trademark types that consumers identify a product or service through olfaction.Throughout the world,scent trademark is still in the embryonic stage,and there is no unified conclusion on scent trademark in all countries,but most developed countries and regions and a few developing countries support the institutionalization of scent trademark.With the development of market economy and the diversified development of trademark forms,nontraditional trademarks such as odor are attracting more and more calls in the market.The Trademark Law of the People’s Republic of China was adopted in 1982 and has been amended four times.Compared with the sound trademark,which is also non-traditional trademark,which has been protected by the Trademark Law as early as 2013,the scent trademark has not been introduced into the protection scope of the Trademark Law of China so far.Why the scent trademark has been unpopular in China for such a long time has triggered the exploration and research.The purpose of this paper is to analyze the attitude of scent trademark in foreign countries and the protection status quo,and explore the feasibility of constructing scent trademark in China.