By: Kandyce Hall
Hasbro, a creator of kid’s brands toys, has recently filed an application to trademark the “distinctive scent” of Play-Doh with the U.S. Patent and Trademark office. The mark filed as a NON-VISUAL PLAY-DOH SCENT MARK is for good and services of toy modeling compounds. If Hasbro receives its federal registration it would not be the first scent mark. The first scent mark registration was issued in 1990 for “high impact, fresh, floral fragrance reminiscent of Plumeria blossoms” that was used for sewing thread and embroidery yarn. The problem with trademarking smells is deciding how the smell should be described. Everyone may smell things differently. It is also important that your smell is distinctive and does not function as part of the use for the product. Small business should be aware that they can protect more than just the products and services that come from their brands. If Hasbro is success in receiving trademark protection this may open the door for more scent marks to receive federal registration.
Link: https://goo.gl/fUxg8, https://goo.gl/OP7PXj