JEMTEC

  Smell marks is the type of non-conventional marks where the smell is attached to any goods or services or any class of goods or services , which plays the function of its trademark. The aim of the trademark law is to grant a monopoly over a good or service by allocating a trademark to it, which any other person cannot use it. Similarly the non-conventional marks are also playing the same role, in the present scenario; the researcher is dealing with the smell marks where the smell will have the monopolistic character, restricting every other person to use it. The most important factor that strikes in the registrability of the smell marks is the requirement of the graphical representation of the mark. According to the definition of the trademark under the trademark act, 1999 " trade mark means  a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, thei...