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Can smell also be applied for a trademark? Very rare!

Most people have seen color trademarks, text trademarks, graphic trademarks, English trademarks, and rarely, voice trademarks, and now even smells can be registered as trademarks!

Smell marks are similar to other marks. It is a trademark that distinguishes different goods and services with a special smell. At present, this kind of trademark is only recognized as a trademark in some countries, and cannot be registered as a trademark in our country. Due to the particularity of smell trademarks, it is difficult to register smell trademarks, or there is a rush to register smell trademarks, but this also allows many companies to see new business opportunities.

In mid-May, another scent trademark was registered in the United States.

The U.S. Patent and Trademark Office approved Hasbro’s application, and Hasbro’s brand Play-Doh has its own patent trademark. Trademark Description: Like vanilla, with hints of cherry and musk, a salty flavor close to that of wheat dough. This smell is familiar to any child who has been exposed to DIY clay.

Of the more than 2 million valid registered trademarks in the United States, only 12 are detectable.

The scent of Brazilian shoe brand Melissa’s jelly shoes is one of them.

According to the U.S. product review process, the applicant must prove that the smell of the product does not necessarily affect its actual function. For example, perfume or air freshener cannot be registered as a trademark.

Intellectual property lawyer Jeffrey E. Jacobson said: "Smell trademarks are very rare, and related infringement cases are even rarer and almost non-existent."

At the level of commercial protection, logos, Slogans and designs were once registered as trademarks, but have now evolved into sounds, textures, and shapes (the Academy Awards, for example, are also protected by trademark law). Smell is an underexplored area, making identification more complex. To verify the accuracy of the applicant's description, the inspector must personally identify the characteristics of the odor. If the officer's nose happens to be disabled, another person must identify it.

Hasbro may have done this to protect Bailey's colorful slime formula, which had been created for years by its competitors in 1955. Even if eaten by accident, it is bright, non-stick, reusable and harmless. A Hasbro spokesman said the smell of the pellets is an important brand feature. It has remained unchanged since its inception more than half a century ago and is as important as the product's logo, packaging and texture.

Jacobson’s analysis shows that the aroma of the granular multi-colored slurry may be related to specific materials in the formula, and trademark protection can prevent confusing products or smells from entering the market. In Hasbro's communication strategy, Pedro is associated with fun and creativity. This is a creative toy that parents can buy at a low price.

In recent years, more and more scent trademarks have appeared and are gradually becoming known to people. I believe that in the near future, China will also be able to register scent trademarks, so that more and more intellectual property rights can be protected!