Chemical Sense Marks

The harmonisation of the European Trade Mark laws and the introduction of unconventional marks under this regime have encouraged interested parties to seek registration of chemical senses (scent and taste) as trade marks. This books studies the current state of affairs of these types of marks, discussing the panorama that they have when registrability is at issue. The purpose of this work is therefore to scrutinize the trade mark legal system, including a discussion of the origins and rationale underlying it, to try to understand the burdens presented when registering chemical sense marks. The starting point of this work is that the EU Regulation and the Directive of the Trade Mark law open the door to the protection of chemical senses under the Trade Mark law regime. Yet, despite some early successful registration, their fate is still burdened with uncertainty and therefore the rationale for this study is to try to find whether chemical sense marks are truly marks and therefore protectable under the trade mark system. The book should be useful for any Intellectual Property academic and professional and also higher degree students in the area.... Mehr