VILA Attorneys at Law
Scent Registration, The Scent Identity of a brand
Dec/18/2024

Scent Registration, The Scent Identity of a brand

Smell is one of the five senses through which we perceive the world, and although it has historically been considered less important than sight or hearing, recent studies have shown its unique ability to @opne-yellowevoke memories. It is the sense with the greatest power of recall, capable of transporting us to past moments with astonishing clarity and precision. In fact, smell is the sense that triggers the most memories, both positive and negative, even surpassing other sensory stimuli such as visual images or sounds.

 

A simple scent can make us remember not only events but also specific people or places. This phenomenon occurs thanks to what is known as “olfactory memory.”. The hippocampus, a brain structure that is part of the limbic system, is responsible for storing these aromas. This process is so powerful that, upon sensing a familiar scent, we can relive a complete experience with details we thought we had forgotten.

 

The power of smell over memory has been demonstrated in various scientific studies. One of the pioneers in investigating the relationship between smells and memory was Swedish psychologist Trigg Engen, who in the 1970s conducted a study where participants were exposed to photographs and odors. After a period of time, the participants were asked to recall the stimuli they had experienced. The results were revealing: while visual memory decreased significantly over time, olfactory memories remained almost intact for months, demonstrating the unique ability of odors to fix themselves in our memory.

 

A classic literary example of this phenomenon is Marcel Proust's famous work In Search of Lost Time. In one memorable passage, the narrator revives a flood of memories upon tasting a madeleine dipped in tea, a flavor that transports him back to his childhood. This phenomenon, known as the "Proust effect," illustrates how a simple aroma or taste can unleash a series of deeply stored memories in our mind, demonstrating the emotional strength that smells can have on us.

 

In the world of business and marketing, the evocative power of smell has been harnessed through what is known as an “odotype” The odotype is the olfactory identity of a brand, a scent that reflects the personality of a company, much like how a visual logo represents a brand. This concept has a significant impact on how consumers relate to a product or service, as the aroma can evoke emotions, memories, and associations that strengthen the connection to the brand.

 

Additionally, in the legal field, Mexico has made strides in recognizing olfactory trademarks. With the reform to the Industrial Property Law, which allows for the protection of olfactory trademarks, odors can now be registered as distinctive signs. An olfactory trademark is a scent that is not inherent to the product, but added to make it distinctive and easily identifiable. This means that companies can register a unique scent to differentiate themselves in the market and legally protect it as intellectual property.

 

To obtain the registration of an olfactory trademark, the applicant must be able to represent the @opne-yellowscent visually, as odors cannot be registered in a tangible form, since they break down over time. Therefore, a detailed description of the aroma, using clear and specific terms, is required to make it identifiable and distinct from other scents in the market. This description must be unique enough to identify the scent and avoid confusion with other registered trademarks.

 

The Mexican Institute of Industrial Property (IMPI) evaluates each olfactory trademark application to ensure that it meets the distinctiveness requirements, meaning it cannot be confused with other scents already registered in the same class. Olfactory trademarks are not an inherent feature of the product but an added sign that distinguishes it in the market.

 

In 2024, the famous Crayola brand received registration for the specific scent of its crayons in the U.S., which is described as “a slightly earthy soap essence with touches of clay, with leather-like undertones”.

 

In Mexico, the first registered olfactory trademark was in 2019 when IMPI granted registration for the scent of Play-Doh's modeling dough. Its aroma is described as “a sweet and slightly mossy combination, with a vanilla fragrance, touches of cherry, and the natural scent of salty wheat dough”. This olfactory trademark highlights the power of smell not only to recall memories but also to create an emotional connection with consumers, who associate the characteristic aroma with fun and creativity.

 

In summary, smell has a unique power to evoke memories and emotions, making it a powerful tool in both human memory and marketing as well as trademark protection. The ability of odors to transcend time and connect with the emotional part of our being makes it an essential sense in our perception of the world.

 

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