Can I Trademark a Scent?
If you’re interested in whether you can trademark a scent, the answer is it depends. If you’re using a scent as a unique, decorative way to promote your product (or service), then you can probably trademark your scent. However, if the scent is a main functional component of the product, such as deodorant, perfume, or cologne, then you cannot trademark the scent. In other words, if you’re selling mouse pads for example, and you decide to market your mouse pads as having a unique vanilla scent, you may be able to get that scent trademarked if you can establish with the United States Patent and Trademark Office (USPTO) that the vanilla scent you are using is not a necessary part of the mouse pad and that the public knows those mouse pads are yours based on that smell.
If you are interested in trademarking a particular scent, contact us today to speak with trademark attorney Eric Norton to discuss whether or not such a trademark is feasible given your current product design and branding.