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Research on the distinctiveness examination criteria of scent trademarks

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DOI: 10.23977/law.2023.021108 | Downloads: 7 | Views: 202


Yafei Pan 1


1 Law School, Guilin University of Electronic Technology, Guilin, China

Corresponding Author

Yafei Pan


With the vigorous development of the market economy, sensory marketing has gradually become popular, and smell has gradually become the main identification of the source of goods and services in many countries. On the basis of studying the concepts related to the distinctiveness of odor trademarks, through the analysis of the feasibility of the construction of odor trademarks in China, a standardized and orderly examination process for the distinctiveness of odor trademarks is obtained: firstly, a distinctiveness examination access system is set up for the judgment of the type of odor trademark, and then whether the trademark has a second meaning is determined on the basis that the odor trademark under examination has acquired distinctiveness. In this way, the distinctiveness standard system of odor trademarks can be effectively constructed, so as to enrich the scope of the subject matter of China's trademark system.


Scent trademark, distinctiveness, non-functional, Second meaning


Yafei Pan, Research on the distinctiveness examination criteria of scent trademarks. Science of Law Journal (2023) Vol. 2: 48-51. DOI: 10.23977/law.2023.021108.


[1] Chen Ke, Duan Yongbing. 2020. Innovative scent intellectual property protection to build the world's perfume capital, Hainan Today, (11):52-53. 
[2] Bai Song. 2018." Smell Trademark System" International Experience Comparison and Reference to China. Journal of Jishou University (Social Sciences), 39(S1):35-37.

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