Library Dissertation Showcase

Trademarking smells and sounds: The challenges to their registration in the United Kingdom, European Union and United States

  • Year of Publication:
  • 2020

A dissertation undertaking an examination of the legislative and procedural approaches to the registration of non-traditional trademarks, specifically sounds and smells. The approach of the United Kingdom and European Union will be explored in contrast with the United States. In particular, this dissertation reflects upon the changes made by the recent European Union Regulation 2424/2015 which has substantially altered the definition of a trademark by specifically including sounds as being a formally registrable mark. Sounds have been registrable since the 2001 ECJ Shield Mark BV decision, but the 2015 Regulation now cements this in primary law. As a result of these changes, this dissertation analyses the possibility of any greater acceptance towards the registration of smell trademarks but concludes that the position remains unaltered from the 2003 ECJ case of Sieckmann. The approach taken by the United States in regards to registering non-traditional marks is also explored.

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