Legal Question in Intellectual Property in India

Dear sir,

Whether SMELLand SOUND can register as trademark ?

Examine in the light of statutory provisions and case laws.

thanking you,

Dipika Agarawal


Asked on 6/19/10, 12:39 am

1 Answer from Attorneys

No. SMELL and SOUND are generic and descriptive words and the word mark SMELL cannot be registered for goods or services relating to Flowers and other trades or services wherein any smelling activities are involved. Similarly SOUND mark can not be registered for goods or services relating to Crackers for example, and other trades or services wherein related activities of sound is involved.

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Answered on 6/19/10, 3:27 am


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