Written by Igor Demcak
CEO & Legal Mind
Smells that meet certain conditions can enjoy trademark protection; however, this highly depends on a concrete jurisdiction.
In the US, it is possible to trademark a smell or an odour; however, as you can imagine, it is a bit more complicated that trademarking a logo or a brand name. Nevertheless, as long as the smell indicates the source of goods and services and is not merely functional, it can be trademarked. One of the most famous examples of such a trademark is the scent of Play-Doh produced by Hasbro.
In the EU, it is currently not possible to register a smell, also known as an olfactory mark, due to its nature, lacking stability, and durability.
In the UK, it is technically possible to register an olfactory mark; however, to this date, only two such marks have come into existence, both of which were registered in the 90's.
Will obtaining a trademark in one member state allow me to block an EU trademark application?
What serves as evidence of commercial activity in the US prior to trademark application?
If I file my trademark on an intent-to-use basis, can I provide the specimen later?
Can I apply for the trademark even if it's not used in commerce yet?
What's the difference between registering a trademark through USPTO and WIPO?
A US trademark is valid for 10 years; are there any other costs or annual fees during that period?
Does priority filing also give you a longer time to demonstrate the Use in Commerce in the US?
I have received an office action containing "non-substantive" issues. Do I have to do anything?
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