Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Hasbro Applies For Federal Trademark for Play-Doh Scent

Author: Scarinci Hollenbeck, LLC

Date: March 30, 2017

Key Contacts

Back

Did You Know That Hasbro Applied For Trademark Protection of the Iconic Play-Doh Scent?

If you have kids (or a very good memory back to your own childhood), you may recall that Play-Doh has a very distinctive smell. It is such an integral part of the product that Hasbro, Inc. recently filed for federal trademark protection for that scent.

Hasbro Applies For Trademark Protection of Play-doh Scent
Photo courtesy of Pixabay.com

Hasbro sells 500 million cans of Play-Doh each year and recently made headlines when it announced plans to again manufacture the clay in the United States. According to the company, it has used the same scent in its Play-Doh since 1995. If you are having difficulty placing the scent, the trademark registration application describes it as “a unique scent formed through the combination of a sweet, slightly musky, vanilla-like fragrance, with slight overtones of cherry, and the natural smell of a salted, wheat-based dough.”

Benefits of Federal Protection

Hasbro maintains that it already has “legally enforceable common law trademark rights” for this scent.  However, the company filed a federal trademark application for this scent on February 14 of this year to bolster its legal rights. Federal trademark registration has several important benefits, including:

  • Public notice of ownership of the mark;
  • A legal presumption of ownership and the exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration;
  • The use of the U.S. registration as a basis to obtain registration in foreign countries;
  • The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods;
  • The right to use the federal registration symbol ®; and
  • Listing in the United States Patent and Trademark Office’s online databases, which will deter others from registering the same or similar mark and prevent infringers from claiming ignorance of the mark.

Policing a Trademarked Scent

Trademark registrations for scents are very rare. In addition to a lower demand for such non-conventional trademarks, they are also more difficult to obtain. As the U.S. Patent and Trademark Office acknowledges in the U.S. Trademark Manual of Examining Procedure (TMEP), “The amount of evidence required to establish that a scent or fragrance functions as a mark is substantial.” To obtain federal trademark registration for a scent, the applicant must demonstrate that (1) the scent serves a nonfunctional purpose; and (2) the scent has acquired distinctiveness.

Despite the high threshold, there have been at least a dozen scent marks on the federal trademark register since 1990. Examples include a mark described as “high impact, fresh, floral fragrance reminiscent of Plumeria blossoms” used for sewing thread and embroidery yarn. Another one is a mark for a “bubble gum” scent for shoes and flip flops.

Assuming Hasbro’s trademark is approved, how exactly will the company enforce it? Since Internet search tools and monitoring services are unavailable for scent trademarks, the company will likely have to rely upon its own investigations and upon the public to notify the company about potential trademark infringements.

While this policing method may be less scientific, the deterrent value alone may make registration worthwhile. According to Hasbro, it is not aware of any potential infringement to date. However, Hasbro is hoping that it can obtain a federal registration to serve as notice to its competitors that they may not use the same distinctive scent in their modeling clays.

Do you have any questions? Would you like to discuss the matter further? If so, please contact me, David Einhorn, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments post image

New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments"
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy post image

“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]

Author: Sean M. Pena

Link to post with title - "“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy"
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders post image

Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]

Author: Nicholas Wall

Link to post with title - "Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders"
Navigating Disputes: Hire a Partnership Dispute Lawyer post image

Navigating Disputes: Hire a Partnership Dispute Lawyer

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]

Author: Jay McDaniel

Link to post with title - "Navigating Disputes: Hire a Partnership Dispute Lawyer"
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"
Zoning Laws Explained: What You Need to Know Before Buying Property post image

Zoning Laws Explained: What You Need to Know Before Buying Property

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "Zoning Laws Explained: What You Need to Know Before Buying Property"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!