The Future of Scent as Trademarks in the European Union - A comparative study of the challenges and possibilities for protection of olfactory signs in the European Union and the United States

Abstract

As the uses and functions of trademarks changes, the type of sign considered trademarks changes as well. Today, many would consider sound jingles or even colors as obvious choices in a successful marketing strategy. Though somewhat lurking in the shadows for at least three decades, olfactory signs have yet to reach their breakthrough. The market is beginning to understands that smells trigger memories in a much more efficient way than visual perception alone does. The visual part of advertising is becoming more and more saturated. Therefore, it is no wonder that scents are used more frequently in commerce as a part of an innovative marketing strategy by a wide span of actors, reaching from clothing stores like Abercrombie & Fitch to properties of the Ritz-Carlton. With these new uses of scents, the need of protection for these new signs emerges.

How has the protection of olfactory signs developed since the case with Mr. Sieckmann back in 1999? In what way does Regulation (EU) 2017/1001 affect scents? How does management of olfactory signs in the EU compare to that of the USA? What are the challenges and possibilities for protecting olfactory signs?

These are some of the exciting questions that this thesis sheds some light upon.