Skip to main content

Hasbro, Inc. (RHODE ISLAND CORPORATION) granted Scent Trademark

I was always amused by the smell/scent of Hasbro Play-Doh while my kids playing with them. On 15th May 2018, Hasbro gets U.S. trade mark Reg. No. 5,467,089 for the particular smell of Play-doh brand modeling compound for "a scent of a sweet, slightly musky, vanilla fragrance, with slight overtones of cherry, combined with the smell of a salted, wheat-based dough".



The Trademark Registration has gained significance since it is one of the non-conventional trademark being scent that is granted in recent years by United States Patent and Trademark office (USPTO).

Other important aspect of the Trademark Registered in  International Class 28 for "Toy Modeling Compounds". 

Hasbro also claimed that it is in the market since 12th September 1955 and recorded the same as first usage of the scent in the market.

Our sources reveal that the present Registration of Scent Mark is one of 13 Active Registrations for Scent marks from USPTO.

The recent Registration paved path for many more such similar Registrations at USPTO. So all those who have unique smell for their products can now approach the USPTO for Registration of their Smell at USPTO and obtain statutory protection against misuse of the same. 

We are committed to address these issues for our clients and reachable for advise and take appropriate steps.





Vijay Kumar Makyam. 



Comments

Popular posts from this blog

IPAB has allowed an appeal and granted patent to Pfizer for Tofacitinib and its salts

                                                    In a decision dated 21st August 2020 IPAB vide its  Order  has allowed an appeal and granted Patent  to Appellant M/s. PFIZER PRODUCTS INC., USA  for Tofacitinib and its salts. The appeal is against the   order dated 3 rd  September 2015 passed by the Controller of Patents under Section 15 of the Indian Patents Act, whereby the Appellant’s Indian patent application no. 00991/MUMNP/2003 was rejected on the ground that it is hit by section 13(1)(b) and being non-patentable under section 3(d). The Appellant requested for an urgent hearing of the matter and IPAB considered the request for urgent hearing and passed the present order.  This Patent application claimed the compound 3-{(3R,4R)-4-Methyl-3-[methyl-(7H-pyrrolo[2,3-d]pyrimidin-4-yl)-amino]-piperidin-1-yl}-3-oxo-propionitrile and pharmaceutically acceptable salts thereof (Tofacitinib and its salts) and was refused by the patent office on various grounds, including anticipation by p

Punitive Damages for Infringement of Trade Dress by Delhi High Court in an Interim Application

Delhi High Court vide its Judgement dated 31st July 2018 in  Louboutin-3 case has granted permanent injunction and punitive damages against a Delhi based retailer for infringing the famed ‘Red Sole’ trademark of Christian Loubutin.  The Plaintiff‟s "RED SOLE" trademark, i.e. , wherein a specific tone of colour red (Pantone no. 18.1663TP) is applied to the outsole of a shoe, is unique in its own accord and became known in the world of fashion only after being introduced by the Plaintiff herein as their Trade Dress. The consumers in India identify the Plaintiff as the sole proprietor of the Christian Louboutin trademarks including the "RED SOLE" trademark and any use of the said trademarks by an unrelated entity will entail taking undue advantage of the reputation and goodwill of the Plaintiff, which has been built painstakingly over the several decades; The Defendants are located in Kamla Nagar Market, New Delhi, who were found to be dealing in infringing

Honourable Justice Manmohan Singh Tenure as Chairman of IPAB (Intellectual Property Appellate Board) extended for Another three months

  The Supreme Court on September 16, 2020 has extended the tenure of Honourable Justice Manmohan Singh as Chairman of IPAB (Intellectual Property Appellate Board)  for another three months.  Justice Manmohan Singh was appointed on July 2017 for a term of three years.  However as per the rules governing the appointment his term would come to an end on attaining retirement age of 65 years on 22nd September 2019. Since Government has not appointed any Chairman thereafter, on a Petition by International Association for Protection of Intellectual Property (AIPPI) the Supreme Court has extended his term for another year i.e, till 21st September 2020 as the Petitioner claimed that IPAB will be Defunct with his retirement thereby causing hardship several litigants. The Central Government has notified in March 2020 that Justice Singh will continue as the chairman of IPAB up to September 21, 2020, or until further orders, whichever is earlier.  Now with this extension, Honourable Justice Manmoha