115: How Do You Trademark A Scent?
Smell Ya Later
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The Importance of Scent in a Trademark
In the United States, a product whose purpose is only smell related cannot receive the protection of a scent trademark. But you have to show that the fragrance serves no important practical function other than to help identify distinguish a brand. I get it, but why couldn't you trademark like an angel or something? It's not just Verizon at this point. That kind of diffuser sense and everything like that had caught on. instances are full work companies. They make flip flops and samples that are infused with smells of whether it's a candy, a bubble gum, or what have you.
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