A scent may be registered as a trade mark. A scent trade mark is a distinctive smell used in relation to goods or services to distinguish them from the goods or services of other traders.
To qualify as a trade mark, the scent must be associated with a particular item or product to which it is applied to add an unusual or distinctive smell. A unique scent can also be associated with the provision of a service.
A scent trade mark can't be just the scent itself in isolation.
For example, a scent trade mark was first recognised in 1990 in the United States, where a scent, described as a high impact, fresh, floral fragrance reminiscent of plumeria blossoms, applied to sewing thread.
Like any other trade mark, for a scent to be registrable it must be able to be represented graphically, by way of a concise, written description of the scent and how it will be applied.
Scent trade marks can be very difficult to register.
Last Updated: 24/4/2013