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Scents, when they are truly unique and identifiable to a particular brand, can be trademarked.

Findings

Additional insights we found via Visual Capitalist

  1. Any trademark on a scent must pass two tests: distinctiveness and nonfunctionality.

  2. A form of intellectual property, trademarks are legal identifiers that distinguish a service's or product's ownership.

  3. In order to be trademarked, the scent of a product can't be the primary purpose of that product (like a candle or a perfume), and the scent has to be distinct.

  4. Trademarks are intended to protect businesses from infringement and consumer confusion.

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