Can I Trademark a Scent?

YES (Mostly)!

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.

Trademark Registration by Norton Law Corporation

Personal Service

All work for our clients is personally done by trademark attorney Eric Norton. No paralegals. No secretaries. No associates.

Flat Fees

Our trademark registration services are just one flat fee (plus the applicable government filing fees) so you always know what you’re getting up front.

Easy as Pie

You tell us what to trademark, provide us proof of use (or your intent to use), and we do the rest so you can get back to running your business in no time.

Have a Question? Call us at 1-714-760-9289.

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