Hasbro trademarks Play-Doh's signature scent, and WTF you can trademark a smell?

Today in unnecessary, power-grabbing, and possibly evil actions by large American corporations, the toy company Hasbro has trademarked the smell of children's fingernails Play-Doh.

The company announced the news on Friday, stating that the trademark is now officially recognized by the United States Patent and Trademark Office as a registered trademark of the brand.

But how does one trademark a smell? Well, first of all, you must describe it. And send it off to the office for an official government smell test by an examiner. 

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"Hasbro formally describes [the trademarked scent] 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," the statement reads.

Most adults will probably just describe it as smelling like their childhood. 

Hasbro notes that the dough's distinct smell has become increasingly recognizable since its inception in 1956, and that the recipe has "remained largely unchanged." 

“By officially trademarking the iconic scent, we are able to protect an invaluable point of connection between the brand and fans for years to come,” said Jonathan Berkowitz, senior vice president of Global Marketing for Play-Doh.

Fair enough. But it's hard to imagine another dough company making their weirdly colored dough smell so similar to Play-Doh's that it would infringe on the trademark. 

While there aren't many scent trademarks recognized by the U.S. Patent and Trademark Office, Hasbro was not the first, and you can't just go trademarking any scent you've concocted all willy nilly. According to the Wall Street Journal, "you have to show that a fragrance serves no important practical function other than to help identify and distinguish a brand."

So trademarking something like perfume or car air freshener is a no-go.

"In some cases, the composition of a perfume or cologne can be protected by a patent, depending on how ground-breaking it is, or by laws that guard against theft of company secrets," the Journal reports. 

However, Play-Doh did release its signature scent for its 50th birthday in 2006. It's unclear why any grown adult would ever willingly want to smell like a sweet, slightly musky, vanilla-like fragrance, with slight overtones of cherry, and the natural smell of a salted, wheat-based dough, but OK. The scent is seemingly available today.

Play-Doh's signature scent, in a perfume from 2006 for its 50th birthday.
Play-Doh's signature scent, in a perfume from 2006 for its 50th birthday.

Image: KAREN BLEIER/AFP/Getty Images)

Mental Floss uncovered a number of trademarked scents in 2015, including the "flowery musk scent" in Verizon stores, strawberry toothbrushes, and the coconut smell in Flip Flop Shops. 

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