https://www.taxtmi.com/article/detailed?id=15815 Recognition of olfactory trademarks turns on the Trade Marks Act's cumulative requirements of graphical representation and distinctiveness, subject to the functionality doctrine. Graphical representation must be clear, precise, durable and objective-mere verbal descriptions, formulas or samples are usually insufficient. Distinctiveness generally requires acquired distinctiveness through exclusive use and consumer association, and a scent that is functional to the product will be excluded. The Registry's acceptance of a rose scent for tyres exemplifies meeting these requirements via an objective scientific model, absence of functional nexus, and evidence of consumer recognition. en-us Thu, 05 Feb 2026 09:17:11 +0530 Thu, 05 Feb 2026 09:17:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/article/detailed?id=15815 Recognition of olfactory trademarks turns on the Trade Marks Act's cumulative requirements of graphical representation and distinctiveness, subject to the functionality doctrine. Graphical representation must be clear, precise, durable and objective-mere verbal descriptions, formulas or samples are usually insufficient. Distinctiveness generally requires acquired distinctiveness through exclusive use and consumer association, and a scent that is functional to the product will be excluded. The Registry's acceptance of a rose scent for tyres exemplifies meeting these requirements via an objective scientific model, absence of functional nexus, and evidence of consumer recognition. Articles Other Topics Thu, 05 Feb 2026 09:17:11 +0530 https://www.taxtmi.com/article/detailed?id=15815