May 29, 2018

An Unforgettable Smell

By Joel R. Samuels, Associate

I recently discussed Hasbro’s trademark for the scent of its Play-Doh brand modeling compound. Although registration of a scent is rare, it is not unique. In fact, the USPTO has a particular drawing code for these types of applications: (6) FOR SITUATIONS FOR WHICH NO DRAWING IS POSSIBLE, SUCH AS SOUND.

A search of the registry reveals other current scent trademarks including:

  • Grendene’s “scent of bubble gum” for  “Shoes, sandals, flip flops, and accessories, namely, flip flop bags” (U.S. Reg. No. 4,754,435);
  • Le Vian corp’s “scent of chocolate” for “Retail store services featuring jewelry” (U.S. Reg. No. 4,966,487)
  • SHS International’s “scent of a pina colada” for “musical instruments, namely ukuleles” (U.S. Reg. No. 4,144,511)
  • Verizon’s “flowery musk scent” for “retail store services featuring communication products and services and consumer electronics; demonstration of product” (U.S. Reg. No. 4,618,936)
  • FFS Holdings, LLC’s “coconut scent or fragrance” for “Retail store services featuring sandals and flip flop sandals, and related accessories, namely, beach balls, insulated bottle and can covers, key chains, decals, tossing disc toys, lip balm, pens and water bottles” (U.S. Reg. No. 4,113,191)
  • Kalin Manchev’s “rose oil scent or fragrance” for “advertising and marketing” (U.S. Reg. No. 3,849,102)
  • Manhattan Oil’s “cherry scent” for “synthetic lubricants for high performance racing and recreational vehicles” (U.S. Reg. No. 2,463,044)
  • Manhattan Oil’s “strawberry scent” for “lubricants and motor fuels for land vehicles, aircraft, and watercraft” (U.S. Reg. No. 2,596,156)
  • Manhattan Oil’s “grape scent” for “lubricants [and motor fuels] for land vehicles, [aircraft], and watercraft” (U.S. Reg. No. 2,568,512)
  • Lactona Corpora’s “scent of strawberry” for “toothbrushes impregnated with the scent of strawberries” (U.s. Reg. No. 3,332,910); and
  • Hisamitsu Pharmaceutical Co., Inc.’s “minty scent” for “Medicated transdermal patches for the temporary relief of aches and pains of muscles and joints associated with arthritis, simple backaches, strains, bruises and sprains” (U.S. Reg. No. 3,589,348)

When it comes to trademarks, “the nose, knows!”