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ARTICLE · 10 JULY 2018

Smelly And Colourful Assets

Welcome to the world of unconventional trade marks – smell, colours, shapes, sounds, tastes, gestures, moving logos and more.

South AfricaIntellectual Property

Imagine listing this as one of a company's major assets:

"A sweet, slightly musky, vanilla-like fragrance, with slight overtones of cherry, and the natural smell of a salted, wheat-based dough."

That's something Hasbro can do, certainly now that the US Patent and Trademark Office has accepted the company's trade mark application for the smell of its Play-Doh product. Hasbro has apparently been using this scent since 1956, and it's managed to persuade the US authorities that the scent serves a trade mark function, in that it identifies and distinguishes the product. But what does this really mean? Well, it means that the company now has the exclusive right to use the particular fragrance – as well as fragrances that might be confusingly similar to it – certainly in relation to the goods that are specified in the registration, and possibly also in relation to other goods.

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