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Random freezes, missing sound and display glitches usually trace back to one bad driver. Find and replace yours safely.Free scan · under a minuteYes—a smell can be trademarked in the United States if it identifies a product’s source rather than serving a functional purpose. Hasbro received a U.S. registration for the Play-Doh scent in 2018, covering toy modeling compounds. The grant was unusual because a familiar smell is not automatically a trademark: the applicant must show that consumers recognize it as a source identifier.
How did Play-Doh trademark its scent?
Hasbro filed U.S. application serial no. 87335817 on February 14, 2017. The USPTO issued Registration No. 5,467,089 on May 15, 2018, on the Principal Register for toy modeling compounds in Class 28. The certificate lists September 12, 1955, as both the first-use date and the first-use-in-commerce date. USPTO application and registration record
The certificate describes the mark as “a scent of a sweet, slightly musky, vanilla fragrance, with slight overtones of cherry, combined with the smell of a salted, wheat-based dough.” Hasbro claimed acquired distinctiveness under Section 2(f), relying on at least five years of substantially exclusive and continuous use. That is the legal basis stated in the application; it is not a published consumer-survey percentage or a finding that every person recognizes the smell.
Hasbro announced the registration on May 18, 2018. Its announcement quoted then-senior vice president of Global Marketing Jonathan Berkowitz saying the trademark would protect “an invaluable point of connection between the brand and fans.” That explains the company’s rationale; the legal scope comes from the registration and trademark law, not the marketing statement. Hasbro’s announcement
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- OVER 6 POUNDS OF PLAY-DOH COMPOUND – This Play-Doh modeling compound 36 pack has 36 assorted colors in 3-ounce cans for all your colorful creative needs, and there's plenty for kids to share.
- MEGA PACK OF MEGA PLAY-DOH FUN – Shape, squish, mix, and make it all. Great for lots of uses like classrooms, play dates, arts and crafts, party favors for kids, birthday gifts, or a Play-Doh refill.
- SHAPE YOUR IMAGINATION – Squishy, bright, non-toxic Play-Doh compound sparks imaginations for kids 2 and up who love arts and crafts like modeling clay.
- EASY-OPEN, RECYCLABLE PACKAGE - Ships in simple recyclable packaging that’s easy to open and frustration free, and the Play-Doh cans and lids are also recyclable to help build a more sustainable world.
Can you trademark a smell?
In the United States, a scent can qualify as a trademark when consumers use it to identify the source of goods and it is nonfunctional. Trademarks are not limited to words and logos: a sensory feature such as a smell can serve as a mark if it distinguishes one source from another.
The scent must identify source, not just describe the product
A pleasant, distinctive, or memorable product smell is not enough by itself. The applicant needs substantial evidence that consumers perceive the scent as a mark—a cue to who made or supplied the goods—rather than as an ordinary product characteristic. A scent may be registered on the Principal Register under Section 2(f) when acquired distinctiveness is established; the USPTO also recognizes the Supplemental Register where appropriate. USPTO Trademark Manual of Examining Procedure: scent marks
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- GREAT REFILL OR STARTER PLAY-DOH SET: Whether your child is just beginning to play with Play-Doh or if they need a refill for a Play-Doh playset, this colorful collection has got you covered!
- SHAPING IMAGINATION: From building their own rainbow to mixing their own colors, this imagination toy for kids 2 years and up lets them explore their creativity
- 10 PLAY-DOH CANS: This Play-Doh set includes 2-ounce cans of red, orange, yellow, green, teal, blue, purple, pink, black, and white. Contains wheat
- CREATIVE ACTIVITIES FOR KIDS: This arts and crafts toy is great for classroom activities, playdate activities, or solo play. A great gift for kids who enjoy playing with modeling clay or imaginative play toys
- ORIGINAL PLAY-DOH QUALITY: A favorite since 1956, Play-Doh modeling compound is made primarily with wheat, water, and salt. It goes through rigorous testing so it’s always high quality and super fun
The scent cannot perform a utilitarian job
A smell that serves a practical purpose is functional and cannot be monopolized as a trademark on that basis. For example, fragrance is an ordinary function of perfume, and scent is the intended function of an air freshener. The Play-Doh case involved a toy modeling compound, where Hasbro claimed the particular smell distinguished its goods rather than performing that kind of utilitarian role.
What does the Play-Doh scent trademark actually protect?
The certificate identifies a specific scent description and toy modeling compounds as the covered goods. It is not a general ownership right over every similar smell or every use of the words “Play-Doh.” The registration should be understood within the stated mark and goods; any particular dispute or enforcement question depends on the applicable facts and current legal record.
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- 4 VIBRANT COLORS: With lime green, teal, purple, and pink, these cans are great imagination toys for kids arts and crafts activities like color mixing, matching, and more
- 3 OUNCE CANS: These bigger containers each come with 3 ounces (85 grams) for imaginative play
- HANDS-ON SENSORY PLAY: Fun colors, an irresistibly squishy texture, and that vibrant Play-Doh smell are just some of the reasons it’s a favorite preschool toy for kids 3+
- KIDS GIFTS & REFILLS: This Play-Doh pack is great for stocking stuffers, Easter basket toys, party gifts for kids, or even refills for any Play-Doh toys (sold separately)
- TRUSTED QUALITY: Rigorously tested for quality, Play-Doh compound is made primarily with flour, salt, and water, making it a great choice for tactile toys for kids who love modeling clay (contains wheat)
The USPTO’s 2018 certificate establishes that the registration was issued. Its present live status is not confirmed here. USPTO guidance directs users to the Trademark Status and Document Retrieval system (TSDR) for the current status and record; required maintenance filings and fees matter because failure to make them can lead to cancellation. USPTO: checking trademark application or registration status USPTO: keeping a registration alive
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Why the application needed an actual scented specimen
A scent mark cannot be represented to the examiner by a written description alone. Hasbro’s application said it would send a container of the scented modeling compound as its specimen. USPTO guidance explains that the specimen must contain the actual scent and match the written description; for scent applications, the goods themselves are usually the specimen and must be mailed. A scratch-and-sniff sticker may qualify if it identifies the goods and indicates source. USPTO Trademark Manual of Examining Procedure: scent specimens
The application process also has a special drawing instruction: scent applicants type “scent mark” as the trademark in a standard-character drawing. USPTO: drawing of your trademark The contrast is unusual but practical: the paperwork names and describes the scent, while the specimen lets the examiner assess the scent itself.
Quick Recap
What the case does—and does not—show
- It shows that scent marks are possible. U.S. law does not categorically exclude smell as a trademark, but the source-identifying and nonfunctional requirements still apply.
- It shows that recognition must be established. Hasbro claimed acquired distinctiveness; the certificate does not provide a consumer-recognition percentage.
- It does not establish a current-status claim. The registration issued in 2018, but its live status should be checked in TSDR before describing it as active today.
- It does not give a blanket right to a smell. The stated scent and goods define the subject of the registration; it is not a general claim to all similar fragrances or all uses of the brand name.
Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.
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