THE SMELL OF SUCCESS - BUT NOT FOR TRADE MARKS

An article from the BBC details the University of Plymouth’s BA in Business and Perfumery. The students on this course learn how to create a smell to a brief that will later be passed on to the perfumer for refinement. As well as creating a “trade mark” smell for products such as perfumes, shampoo and detergents that may have a functional role, the odour is meant to communicate an emotion to the consumer. This is made complicated by the fact that different fragrances have different connotations in different countries, so smells may have to be formulated on a regional basis.

The IPKat notes that while smells are an important aspect of many products, following the ECJ’s decision is Sieckmann outlining the problems with registering odours as trade marks, it is hard to see how they can have value as intellectual property assets.

Identify smells here
Nice smells here and here
Noses here and here


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