4 ms·
This isn't a valid trademark. If it's ever challenged, it's doomed. The fragrance industry has already been down this road: you cannot copyright/trademark/paten
by RIMR 2y ago
This isn't a valid trademark. If it's ever challenged, it's doomed. The fragrance industry has already been down this road: you cannot copyright/trademark/patent a smell, you can only protect the composition of your formula. USPTO has an entire classification system that deals with perfume patents, so I have no idea how this trademark got approved.
If someone duplicates your fragrance without duplicating your formula, they are free to do so, even for profit (See: The "Replica" brand of fragrances).
If they want to protect this smell as a form of IP, they need to patent their formula, not trademark a description of the scent. Even then, so long as competitors don't copy the formula, they are free to copy the smell.
- vorticalbox 2y agoI was under the impression that trademarks were just granted and they are verified once they are challenged.
- RIMR 2y agoThat might be the case. I'm not a lawyer, but I do try to know as much as I can about IP law. Regardless, I would expect that Hasbro doesn't actually have the ability to protect this fragrance short of a SLAPP suite.
- iankp 2y agoAre you talking about the Replica line by Maison Margiela, because those are obviously not trying to be bootlegs, they replicate smells from nature. However you're right, that fragrances are one of the most ripped off original works in existence, with machines to even analyze the composition in creating duplicates. Those master perfumers that make unique works of art through their studies and talents have it worse than Nike shoes.
- Veuxdo 2y agoI thought fragrances in perfumes couldn't be trademarked because they were functional. But you could trademark fragrances as a nonfunctional component of a product (e.g. Play-doh).