Can I register a trademark for a color or a scent?

No, you cannot register a trademark for a color or a scent in North Carolina. This is because the trademarks that are granted protection are limited to logos, name, and wordmarks. Any trademark that is registered must be unique and is used to distinguish a company or business from amongst its competitors. When you register a trademark, it must not be similar to any other existing trademark or have any association to that other trademark. A trademark or wordmark must be a recognizable symbol, design, phrase, or words. Colors and scents, while they are interesting, are not able to be trademarked in most states, including North Carolina. The only exception is that if you are able to prove that a certain color or scent has become closely associated with your company or business, then it might be possible to register it as a trademark. For example, if you are a company that specializes in orange-scented candles and you are the only company that produces those candles, you may be able to register the orange scent as a trademark. This is very uncommon, so it is best to familiarize yourself with the trademark laws in North Carolina before attempting to register a color or scent as a trademark.

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