刍议"气味"作为我国商标的接受可能性OACHSSCD

The amendments in Article 4 of the"Draft Amendment to the Trademark Law(for Soliciting Opinions)"issued by China National Intellectual Property Administration in 2023,such as the addition of"or other elements,"and the amendments in Article 14 of the"Draft Amendment to the Trademark Law"issued by the Standing Committee of the National People's Congress in 2025,such as the inclusion of"dynamic symbols,"both reflect the open recognition model and trend for non-traditional trademark types.However,at this stage,olfactory or smell trademarks have not yet been incorporated into the registration criteria of China's Trademark Law.The underlying reason lies in the difficulty for smell trademarks,under the current registration system,to satisfy both the substantive and formal requirements for trademark recognition.Meanwhile,the evolving trend in China's trademark composition elements,together with practical experience concerning smell trademarks in international treaties,provides grounds for including smell trademarks within the scope of registration and protection.On the one hand,technological advancements greatly benefit the recognition of smell trademarks by strengthening the expression and perception of smells while also resolving difficulties in formal examination.On the other hand,as carriers of business operators'labor investment and accumulated goodwill,smell trademarks achieve the trademark functions of distinction and identification through the acquisition of distinctiveness.Therefore,China may take this revision of the Trademark Law as an opportunity to gradually align with relevant provisions of international treaties,aiming to make the legal recognition of smell trademarks in China possible.