Hasbro gets trademark for the scent of Play-Doh
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 spokesman 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 modeling 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 perfume — 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 generally fall into categories for cleaning and perfume.
Scents, colors and sounds — like the NBC chime — can be trademarked, so long as the companies or individuals behind them can prove consumers have strong associations with them.