Registrability of colours and smells as a trademark

摘要

The scope and functions of the modern trademark have expanded, as civilisation continues to evolve into a modern technological era. In this paper, the issue of whether smells or colours have registrability as a trademark is going to be examined under current trademark law in the European Union (EU). Firstly, this paper will examine the trademark and registration procedure. Secondly, it will analyse whether colours or smells have registrability as a trademark, in the light of new EU legislation and cases. Finally, the paper will evaluate the success of registering colour or smell as a trademark.