Can I Trademark an Odor or Smell?
Yes, you can trademark an odor if it is not a functional aspect of the product. For example, a trademark for plumeria scent for sewing thread was registered in 1990.
This scent can be protected as it is considered to be a distinguishing mark that identifies the producer of the product, which is to say that it functions as a branding aspect of the product.
However, "functional" scents that are inherent in the product itself, such as smell for perfume, are not accepted for registration. Anything that is considered to be a functional aspect of a product is not subject to the protection of a trademark. The functional aspects of a product can be patented, provided that they are distinct and unique enough. If you wish to create a trademark for a fragrance then it is possible to create a slogan that describes and encapsulates the scent and trademark the slogan.
If you are uncertain as to whether or not your odor qualifies for a trademark then you should contact our associates today.
The Trademarking Process
About the Author
Xavier Morales, Esq.
Mr. Morales founded his trademark law practice in January 2007 with the goal of providing intellectual property expertise to entrepreneurs and businesses around the country. Since then, he has filed more than 6,000 trademarks with the USPTO. You can learn more about Xavier here.