‘Substantial evidence is the requisite or mere hindrance under Trademark act 1999’

Aastha Sharma

Student of School of law, Sandip university, Nashik, Maharashtra

Best Citation – Aastha Sharma, ‘Substantial evidence is the requisite or mere hindrance under Trademark act 1999’, 1 ILE IPCLR 1, 2022

Abstract

In recent decades, staying up with the globalization and aggressive commercialization, the ambit of intellectual property has been taken to unprecedented levels. The law in regards to protection of trademarks has been no exemption in such manner. As time passes, the ambit of trademark protection law is being widened from one side of the planet to the other. Trademark is an exclusive bundle of legal rights granted to its holder, it prohibits its further publications i.e. passing off/ infringement. According to a study by fortune business sight. The global perfume market is projected to grow from USD 30.6 billion in 2021 to USD 43.2 billion in 2028 at a CAGR of 5.0% in the 2021-2028 periods. Trademarks are now a distinct intangible identity as well in the form of olfactory marks, taste marks, music marks, etc. but how would you even place the intangible marks like smell along with the traditional marks like letters, numbers, etc. This article is an attempt to scrutinize the significance of olfactory marks to be regarded as an Intellectual Property and a detailed study of all the possible hindrances in the way.