Registering scents as community trade marks

While the registrability of scents as Community trade marks has become source of much controversy, the possibility of trademarking scents represents a great potential for the industry. In the aftermath of the Sieckmann case, which has raised the threshold of registrability for scent marks, companies have refrained from submitting new smell-mark applications. Despite the difficulties in registering scents as trademarks, however, it is not impossible to meet the Sieckmann criteria and file successful scent mark applications. This article explains how this could be possible; it reviews all objections in registering scents as trademarks and brings new light into this topic by way of a comprehensive analysis of the conditions under which scents can be registered as Community trade marks.