FOR IP PROFESSIONALS

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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: 23/11/2013

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Trade mark publications

Includes a range of guides and booklets to help you understand the trade mark process and apply for an IP

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Trade marks forms

eServices is our online system you can use to apply for a trade mark. If you don't want to apply online, we also have forms for you to use.

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