GUSTATORY MARK: ITS REGISTRABILITY AND FUTURE IN METAVERSE

INTRODUCTION

When we talk about the master chef episodes, we see that the participants which are there has/have make the food and gives this to the judges of the contestant or the senior most of member which was present at that time for taste the food and gives the rank to his/her food. After taste they give feedback to us by identifying the value of ingredients for the better taste, the value which lack in the food etc. We can see this in our day-to-day life that this food is sugary and this food is much spicy etc. These types of examples are help in human life to differentiate the food of the animal and the food of the human. However, you thought that before this that the product can be remember only by his flavor, or when the taste of your product is unedible did this help in that time? This is possible through the advent taste mark.

Trademarks can be classified into the two categories: -

1. Conventional trademark

2. non-conventional trademark

Conventional trademark includes the symbols, Logos, words, etc.

Non-conventional trademark includes the smell mark, taste mark, tactile mark, sound mark.

TRIPS agreement defined trademark any sign or combination, who distinguish the product from one goods to other goods called as the trademark. Members of this committee can use the visual perceptibility for the registration of the trademark. In the above-mentioned definition or sentences, the inclusiveness of the non-conventional trademark is given, but in the ends the members of the state decide the is this is accepted or includes in the definition of the trademark or not.

TRIPS agreement allows the members of the state to formulate or make the own laws on the national trademark according to the laws which suits the society or the circumstances.

PARAMETERS RELATED FOR THE REGISTRATION OF TASTE MARK

GRAPHICAL REPRESENTATION

A mark should must be graphically represented for giving the information to the traders that this trademark is available and they applied for this trademark, and also for the consumers so they can easily differentiate the company product or services in the market. Same as it is not possible for the flavor marks, because it is not the subjective in the nature. The European Union adopt the modern approach, for solving the problem related to the non-conventional marks, especially in the smell mark and taste mark through relaxing the graphical representation requirement and focusing and also for the focusing on the manner of representation, which is clear, precise, durable, and easily accessible, etc.

EUTMR and EUTMIR respectively states that trademark can also represent in other manner under the article 3 & 4 of the EUTMR and EUTMIR. While using the current technology in which the subject matter for the protection of determined with the clarity & precision. WIPO’s standing committee on the law of trademark mention that some jurisdiction, who accepts the descriptive representation of the taste mark.

DOCTRINE OF FUNCTIONALITY

Doctrine of functionality refers under the trademark. Functionality of mark who is not the essential attribute or not the utilitarian feature of the product. Trademark considered the feature of product especially in the case of food product. This is much difficult to obtain the flavor mark in the food product, ingredients determine the flavor, color mark, flavor considered limited and the trademark in the generic flavors lead the unfair advantages.

TASTE MARK & THE METAVERSE

Why we need the requirement of the trademark? We need the trademark for the distinguish the one product from the other product. When we see the trademark, we remember the source of this particular trademark. Such as we take the one example is when we see the adidas shoes or different from this or similar to this product in the market. For the conventional mark we can easily remember or find this in the market and easily differentiate this by this image, logo, design, etc. Same as it is not easy to find the same in case of the non-conventional mark especially in the case of smell mark & taste mark. For the advertisement and other sources used a huge amount of the money is waste in both the cases in the sample production and for the marketing. There is one solution for controlling these expenses or for reducing these expenses of the company through the metaverse. TTTV or The Tele Taste TV screen which is developed by the Japanese professor with their team of the 30 students. They allowed the users to taste the food before dine in by licking the screen. This contains the 10 flavors canisters, a combination which is sprayed on the screen for creating the desired flavors. Same as the US based one restaurant allowed the customers, that they taste the food before the dine in by licking the pictures of the different types of the foods. These flavors can be tasted for the inedible products before the customer purchased. This method helps in the reduction of the marketing cost.

CONCLUSION

With the non-conventional marks there is an emotional attachment of the customers. Due to increases of the technology, they gain the popularity in the business. The countries should need to work on the technology advancement for the incorporation of the working of the metaverse in the world trademark.