Have you ever thought about trademarking a smell? It may seem like a bizarre concept, but it is actually possible, albeit challenging. Registering a scent trademark is a rare occurrence, with only a few successful registrations globally.
According to Visual Capitalist’s Nick Routley, the graphic below, created by Rosey Eason, illustrates the 15 scents that have been trademarked in the U.S. as of mid-2023.
The Two-Pronged Test
Trademarking a scent requires meeting two strict criteria:
1. Non-Functionality: The smell cannot be the primary function of the product. For example, a perfume’s fragrance is its main purpose and therefore ineligible for trademarking.
2. Distinctiveness: Consumers must unmistakably associate the scent with a specific brand. Think of Play-Doh, where its unique smell is synonymous with the brand itself.
Providing evidence to meet these criteria involves extensive data on consumer perception and brand association. This demanding process explains why there are only a few trademarked scents. So, what scents have successfully been trademarked?
An Exclusive Club of Trademarked Scents
One of the most famous examples of a trademarked scent is Play-Doh’s aroma, described as a “sweet, slightly musky, vanilla fragrance with hints of cherry” combined with the smell of dough. Hasbro, the parent company, asserts that the scent has been in use since the 1950s.
Interestingly, many of the trademarked scents are used for practical or industrial products. These include fruity scents in vehicle lubricants and a banana/evergreen aroma in gun bore cleaner.
The first U.S. “smell mark” was granted to OSEWEZ, a company that produced thread and yarn infused with the scent of plumeria blossoms. The company’s owner admitted, “We did this as a sort of gimmick. I never thought we could actually achieve it.”
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