There are some crazy trademarks out there and there is a new one to add to the list. The company behind the iconic children’s toy, Play-Doh, has just been granted a trademark for the ever so popular scent of Play-Doh.
The sweet, slightly musky vanilla with a hint of cherry and salt scent of the famous dough created by Hasbro takes us all back to our childhood. And now, the scent that we all know and love is registered by the United States Patent and Trademark Office. A distinctive scent is hard to get a trademark for. In fact, a trademark attorney in Scottsdale would have to do a lot of research to be able to accomplish this. The scent of Play-Doh happens to join only 13 other active scents that actually have a trademark for their scent. If a scent serves a purpose like a perfume or air freshener, you can try to receive a trademark for utilitarian purpose. The amount of evidence needed to prove that a scent actually serves a function is substantial. You must be able to prove that the consumer has a strong association with a scent, color or sound to a certain product. The use of studies and surveys can be used to prove this. When it comes to patents, it is a different story and happens to be common for scents to get a patent.
In 1956, Hasbro released their invention of the molding clay known as Play-Doh. It quickly became a staple in every household with kids and the smell is often specifically associated with the clay. Now that the scent has been trademarked, no other product, molding clay or not, is allowed to use the same exact scent. Since it is such an obstacle to be able to get a trademark for your scent, there will be plenty of consequences if anyone tries to use the trademark scent. So, if you are looking to get a whiff of that Play-Doh scent, you are going to have to purchase some of the famous clay.