[Rumori] Bid to trademark smell of strawberries fails

stAllio!the original wanksta stalliongsta at yahoo.com
Fri Oct 28 13:00:26 PDT 2005


the bid failed....  BUT be sure to read the last paragraph!

http://business.scotsman.com/agriculture.cfm?id=2156512005

AN ATTEMPT to trademark the smell of ripe strawberries was thrown out
by European Union judges yesterday.

A Paris company, Eden, tried to trademark the smell and a picture of a
strawberry for a range of soaps, face cream, stationery, leather goods
and clothing.

It argued that strawberries might taste differently but they all smell
alike.

But the court said sensory experts had found they could have up to five
distinct scents. "This means ... the different varieties of
strawberries produce significantly different smells," the judges ruled.

They went on: "There is no generally accepted international
classification of smells which would make it possible ... to identify
an olfactory sign."

However, they agreed that, in some cases, a trademark for a scent could
be allowed.

Only one scent has so far won EU trademark protection: the smell of
freshly cut grass. A Dutch perfume company registered it in 2000 and
uses it to make tennis balls smell good.


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