It is the inherent purpose of law to serve as an instrument for the betterment of humanity. But in a quest for majoritarian or popular law, sometimes we tend to overlook an important section of people who need protection of our laws the most, namely the disabled. The law relating to trademarks is a similarly unexplored area of law where disability rights are yet to leave their mark. Cutting to the chase, here’s my argument regarding as to how a non-conventional trademark of smell guarantees not just rights to the non-disabled, but a segment of the disabled population as well, that is to those who cannot see, hear or both. But first, for the uninitiated, let me start by explaining to you what trademarks actually mean.
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