Sample Solution

xample, the smell of lemon for garbage plastic bags; the smell itself can be distinctive, but it can also be functional because it can mask the smell of waste and garbage. Fashion house Chanel’s application to get its iconic perfume Chanel No. 5 trademarked was rejected as it was the essence of the product. The first scent mark to be granted in the US was for a “high impact, fresh, floral fragrance reminiscent of Plumeria blossoms” for “sewing thread and embroidery yarn.” There were four reasons for trade mark to be granted – (1) no one else in the market was producing scented threads and yarns; (2) the scent was an added feature and was neither functional nor inherent to the goods; (3) the scented feature was advertised and promoted; and (4) consumers had come to associate the goods with the manufacturer. Some other smell marks are Sumitomo Rubber Industries Ltd.’s rose-scented tyres and Vennootschap onder Firma Senta Aromatic Marketing’s “smell of fresh cut grass” for tennis balls which has now lapsed. India is yet to set precedence as far as smell marks are concerned.

Some Other Non-Conventional Trade Marks

Position Mark

French luxury shoe designer Christian Louboutin’s legendary red-soled high-heeled shoes have received a trade mark in various countries. The outsoles of the shoes are red in colour, using a red pigment called Pantone 18 1663TP. The fashion house has also won several infringement cases in this regard.

Shape Mark

Coca-Cola Co. has a registered trademark for its Cola bottles. The shape of Toblerone chocolates and Zippo lighters is also trademarked.