What is an example of a smell mark?
Jeffrey Doyle
2025-06-21 04:19:14
Count answers: 10
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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