The courts and the Patent and Trademark Office have authorized for use as a mark a particular shape (of a Coca Cola bottle), a particular sound (of NBC's three chimes), and even a particular scent (of plumeria blossoms on sewing thread).

—allowing registration of “a high impact, fresh floral fragrance reminiscent of Plumeria blossoms” as a mark for sewing thread and embroidery yarn

—the Trademark Trial and Appeal Board held that a scent functioned as a mark for "sewing thread and embroidery yarn."

—noting that the―fragrance [was] not an inherent attribute or natural characteristic of applicant 's goods but [was] rather a feature supplied by the applicant

—the USPTO granted trademark registration to an applicant for the scent of sewing thread and embroidery yarn.

The Board advised that scents may not be registered if the products are noted for being fragranced, such as scented household products or perfumes.

—the TTAB took up the question whether a floral fragrance used in sewing thread and embroidery yarn may be trademarked.

A trademark is often a word or symbol, but under modern trademark jurisprudence trademark protection has been afforded to such signifiers as smells

—de um sistema legal que não impõe restriçoes espcíficas ao que possa ser marca: “Nontraditional trademark formats: policy issues While the use as commercial marks of nontraditional indicia, such as fragrances and flavors, is unusual and rare, compared to words and logos, that is no reason not to recognize them as trademarks if they meet the traditional criteria of a …

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