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Scent marks & non traditional trademarks

Scent marks & non traditional trademarks

Earlier this year Hasbro was granted trademark protection for the smell of its Play-Doh clay by the US trademark office. The mark had been filed for: 'a scent of a sweet, slightly musky, vanilla fragrance, with slight overtones or cherry, combined with the smell of a salted, wheat-based dough'. The product is made with this characteristic scent since 1956 and it is sometimes referred to in advertising too (campaign 2013: Stop and Smell the PLAY-DOH). Hasbro shows (with a great amount of evidence) that the fragrance has acquired distinctiveness and therefore is granted trademark protection. But would this also work in Europe?

For almost a year, non-traditional trademarks can be filed at the European trademark authorities. For example holograms, patterns, film-clips and multimedia marks. Last year our intern Romy has conducted research on this and wrote her bachelor’s thesis on the subject. Her thesis shows that, in addition to pattern marks, film-clips with sound and video are particularly popular. However, scent marks are not yet available. The reason for this is (put shortly) that an odour can’t be described and displayed specifically enough. The European Court has decided in a similar case that only a description in words and a chemical formula would be insufficient. It will therefore take some time before scent marks are accepted in the EU. However, for patterns, movie-clips etc. the doors are wide open.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

Een korte introductie tekst over de nieuwsbrief waarin je uitlegt wat het is. Hoe je direct de nieuwste editie kunt lezen en hoe je je kunt abonneren. And click here for all the numbers.

Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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