Does that smell remind you of something? Trademark scents

Website design By BotEap.comScents, like tastes, have the power to invoke certain thoughts and feelings in the mind of an individual. For example, the smell of popcorn may bring you thoughts of attending a baseball game or watching a movie at the theater. The smell of chocolate chip cookies can bring back wonderful memories of days spent at a grandmother’s house. The same cookie scent can also bring to mind a brand name, like Nestle® Toll House®. Therefore, certain flavorings can cause consumers to associate a specific product with a single commercial source. That association is a registered trademark. Scents can function as source identifiers, which means that they have the potential to become trademarks. However, as with the plethora of other non-traditional trademarks, aromatic trademarks have a fair bit of difficulty getting through the trademark process. This is mainly due to two different reasons: functionality and distinction. In other words, to register an olfactory mark, the applicant must demonstrate (1) non-functionality and (2) distinctive character.

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Website design By BotEap.comA product feature is considered functional if it is essential to the use or purpose of the product. It is also considered functional if it affects the cost or quality of the product. If a feature of a product is functional, it cannot be registered as a trademark or protected by trademark law. Many scents are functional in nature, like the scent of a perfume. If a perfume had no scent, it would no longer function as a perfume. Therefore, the manufacturer of a known perfume cannot register a characteristic scent because the scent is functional for the product. With this doctrine, the Trademark Office aims to quickly block any movement to corner the market by a trademark owner who wishes to control a useful product feature (be it a scent or otherwise) and prevent competitors from have access to it.

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Website design By BotEap.comTo demonstrate the distinctiveness of a brand, the owner must demonstrate that the brand has been in use for many years, has had a large volume of sales behind it over the years it claims to have been in use, and has been advertised in numerous places. with all kinds of media in the years that it claims to have been in use. As you can see, it takes a lot of time and effort to prove such a thing and measure exactly how many years, sales and advertisements are enough to satisfy the Trademark Office.

Website design By BotEap.comDespite all this difficulty, there are some commercial brands of essences. Examples of existing or registered scent trademarks in the past are plumeria scented string, piña colada scented ukuleles, and floral scent from Verizon retail stores in Boston, Chicago, Houston, and the Mall of America.

Website design By BotEap.comScents are a trademark challenge. However, in the absence of a trademark, there is no way to store and protect the important fragrance.