PROPERTY RIGHTS OVER FRAGRANCES, SMELLS AND PERFUMES PROTECTING YOUR AROMA CREATION AGAINST COMPETITIVE IMITATION & REGISTERING SCENTS AS COMMUNITY TRADE MARKS
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Abstract
Trade Marks are used for an identification of a particular good or service. With the legal registration of such a mark a Trade Mark owner/holder receives a right to prevent an unauthorized use of the mark and a right to use a Trade Mark in order to distinguish goods and services from his competitors. Registration of a Trade Mark gives a monopoly to its holder, so that the owner is able to prevent third parties from using this trademark.
A Trade Mark could be said to entail any word, symbol, name, device, packaging, shape of goods or combination of colours or any combination which is capable of lending the distinctiveness to the goods being produced and marketed under the mark so adopted. This is the scope of what are commonly known as ‘Traditional Trade Marks’. It is pertinent to mention here the legal provisions as to Trade Marks under the Indian law.
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