DID YOU KNOW: A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. 15 U.S.C. §§1127. However, even a scent may be used as a mark. The first U.S. scent mark registration was issued in 1990 after an appeal before the U.S. Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB). See In re Celia, dba Clarke’s Osewez, 17 USPQ2d 1238 (TTAB 1990). The mark was for a “high impact, fresh, floral fragrance reminiscent of Plumeria blossoms” used in connection with “sewing thread and embroidery yarn.” U.S. Reg. No. 1,639,128. Under the circumstances of the case, the TTAB could find no reason why the applicant’s scent was not capable of functioning as a trademark for the applicant’s goods. Since the Clarke decision there have not been a large number of scent mark applications filed with the USPTO, so there remains little guidance for future applicants in this area. If you are thinking about registering a trademark, you may want to consult an attorney to discuss the benefits of registering and also where you should register – either on the federal level or just locally. An attorney can advise you on your options and what steps to take next. :))
Posted on: Mon, 21 Oct 2013 15:18:13 +0000
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