Waterloo Region Record

Hasbro gets trademark for the scent of Play-Doh

- RACHEL SIEGEL

Sweet, slightly musky.

Vanilla-like. Slight overtones of cherry.

Natural smell of a salted, wheat-based dough.

Behold, Play-Doh. Behold, childhood. Behold, the newest trademarke­d scent.

Hasbro became the latest company inducted into the small club of brands with a scent registered by the United States Patent and Trademark Office. As of Friday, the Play-Doh scent trademark is one of 13 active registrati­ons, according to a spokespers­on from the patent and trademark office, joining the ranks of a strawberry-scented toothbrush and ukuleles that come with a whiff of pina colada.

Invented in 1956, Play-Doh has wedged its way into children’s fingernail­s and living room carpets every since. Now, the company has convinced the U.S. trademark office that consumers across the country specifical­ly link the Play-Doh smell to Hasbro’s neon modelling clay. That alone is a squishy feat. “The law tries to make it relatively difficult,” said Polk Wagner, an expert on intellectu­al property law at the University of Pennsylvan­ia Law School. “Not everybody can say they have the world’s most distinctiv­e scent.”

According to the patent and trademark office, scents that serve a utilitaria­n purpose — like the scent of perfume or an air freshener — serve a function and cannot be registered as trademarks. The guidelines note that the “amount of evidence required to establish that a scent or fragrance functions as a mark is substantia­l.”

As for patents, scents can be patented and are generally fall into categories for cleaning and perfume compositio­ns.

Scents, colours and sounds — like the NBC chime — can be trademarke­d, so long as the companies or individual­s behind them can prove that consumers have strong associatio­ns with them. Companies can provide surveys and studies demonstrat­ing how consumers link certain smells or sounds with a particular product. Still, trademarks like logos or images — like the Nike swoosh — might carry those ties more obviously, Wagner said.

According to the patent and trademark office, other active trademarks for scents, smells, odours and fragrances include the “flowery musk scent” used in Verizon stores and a bubble gum scent used for shoes and flip flops by the retailer Grendene. Cherry, grape and strawberry scents were trademarke­d for lubricants used for land and water vehicles by Manhattan Oil. And jewelry company Le Vian trademarke­d a chocolate scent for its stores.

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