The SCENT-OF-WOMAN …. can it be protected?

Smell is one of the most potent types of human memory, and businesses show increasing interest in pairing pleasant scents with their products. To obtain registration of a ScentMark applicants must be able to visually represent the product’s scent and must show it is distinctive from the product itself. Any written description of a smell must be so precise that that particular smell would not be confused with any other.
An additional obstacle to smell mark registration is that the scent must not result from the nature of the good itself. For example, an application by Chanel to register its well-known No. 5 fragrance as a smell mark in the United Kingdom was unsuccessful on that count.

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