Examinando por Materia "Graphic representation criterion"

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    Las marcas de olor y su registrabilidad en Colombia : un análisis sobre la actualidad frente al registro de marcas de olor en Colombia y los posibles retos en su ejecución
    (Universidad EAFIT, 2025) Baquero Arrieta, Natalia; Osorio Escobar, Ana María
    Over the years, non-traditional trademarks have emerged as innovative ways to cultivate a sense of distinctiveness and specialty among consumers. According to the Colombian Trademark Office (hereinafter the “CTO”), non-traditional trademarks are characterized by capturing attention through senses other than sight . In order to create this sense of distinctivenes, among the most prominent are those related to the sense of smell: scent trademarks. Scent trademarks have historically become one of the most iconic methods for establishing brand positioning and identity through the association a consumer may develop by experiencing them. According to Bordas (2021): (...) this marketing tool is used by companies in diverse sectors such as restaurants, retailers, and hotels, who have evidenced the advantage of having an odotype that gives them a clear brand identity and makes them recognizable by the consumer, while creating unique and pleasant experiences for the client in the establishment and influencing the increase in sales and brand loyalty. (par.1) The topic of scent is highly subjective. Not only because the essence or object being evaluated is in constant flux (depending on climatic conditions, chemical composition, and other factors) but also because the perception of each aroma is intrinsically personal to the individual experiencing it. Despite their recognition and registrability in several countries, such as the United States, the Netherlands, and the United Kingdom, the possibility of registering a scent trademark in Colombia remains an unattainable aspiration. This research aims to identify the reasons why registering scent trademarks in Colombia is currently not feasible and, if it were to become possible, the primary challenges such registration would pose in the near future, considering the current stance of the CTO.