Registrability of scent marks: comparative analysis of international best practices and Armenia regulation

Abstract

The main purpose of this paper is to examine whether scent marks generally can be registered as a trademark in practice. Particularly, when does a scent reach the threshold of non-functionality and distinctiveness that enables it to be protected as a trademark? Furthermore, what kind of evidence should the applicant provide in order to get the scent marks registered as a trademark? In this regard, international best practices will be studied, including the world’s major intellectual property jurisdictions.