What is an example of a smell mark?
Toby Rempel
2025-07-11 05:40:27
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The first registration of a smell mark in the world was granted in the USA in 1990. In this case, the smell mark was essentially described as “high impact, fresh, floral fragrance reminiscent of Plumeria blossoms” used in connection with sewing thread and embroidery yarn. In the United Kingdom, the first smell mark was registered in the year 1996, it was for a rose fragrance as applied to vehicle tires granted in favour of Sumitomo Rubbers – later, acquired by Dunlop Tyres. Another smell registration is that of Hasbro Inc.’s registration for Play-Doh, the description was given as “unique scent formed through the combination of a sweet, slightly musky, vanilla-like fragrance, with slight overtones of cherry, and the natural smell of a salted, wheat-based dough”. The smell mark/s should be capable of being represented graphically though it is difficult and there is no mechanism to store these at the Registr[ies] considering that a sample of a perfume in a bottle can decay over time. In the landmark case before the ECJ, i.e., Ralf Sieckmann Deutsches Patent und Markenam, involving a “methyl cinnamate” scent, it was described as “balsamically fruity with a slight hint of cinnamon” along with its chemical formula.
Justen Stoltenberg
2025-06-29 03:01:14
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A trade mark application for a smell in the Sieckmann case was rejected, as a sample was deemed not durable, a chemical formula was not accessible and a mere description of the smell was not clear nor precise. As per the Government’s manual on trade marks, smell marks are capable of registration, however achieving an acceptable representation format appears difficult. Therefore, as per Sieckmann, any representation in the form of chemical formula, description of the scent, a sample or a combination of all doesn’t satisfy the element of representation.
Under UK law, trade marks in the form of a scent or smell can be regarded as non-traditional, alongside colours, sounds or tastes. This differs to traditional a trade mark, including a name, logo or slogan, which must satisfy the element of distinctiveness.
Jeffrey Doyle
2025-06-21 04:19:14
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: 15
At the time of writing, there is just one olfactory, or smell, trade mark on the UK register: registration no. 2000234 covers ‘flights for darts’ and is represented by the following text ‘THE MARK COMPRISES THE STRONG SMELL OF BITTER BEER APPLIED TO FLIGHTS FOR DARTS’. The main difficulty with marks such as these is how they can be represented so that they are perceived consistently by the consumer, and the scope of the registered right can be identified. In the above example, the words conjure up a reasonably precise image (or indeed, smell), thus satisfying basic criteria for registrability. Smells are all fair game, and are not subject to different or more stringent criteria for registrability. Sounds, shapes, colours, smells and even holograms are all fair game. UK Trade Marks legislation tells us that to be registrable, a trade mark must be capable of being represented graphically. Although this tends to favour text- or image-based signs, the 1994 Act explicitly allows the registration of other formats, provided they satisfy the usual criteria for registration.
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