n South African Intellectual Property Law Journal - The protection of scent, taste and sound marks in South Africa : threats and possibilities

Volume 5 Number 1
  • ISSN : 2309-4532



Non-traditional marks, also known as non-conventional marks, include, inter alia, sound marks, texture marks, gesture marks, taste marks and smell marks.1 ‘Market-savvy’ companies want to design and advertise their products in a manner that appeals to consumers’ aesthetic sense.2 The rationale is that a mark that adds emotion to the product or the service on offer is likely to influence the consumer’s purchasing decision.3 The use of non-traditional marks in the marketplace is a new development and it has transformed the field of trade mark law.

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