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

In South Carolina, the answer to whether or not you can register a trademark for a color or a scent is no. According to the United States Patent and Trademark Office (USPTO), trademark protection cannot be given to a single color or scent, because they are considered to be "functional" and the USPTO cannot register trademarks for functional features. It is possible to register a “trade dress,” which would include a combination of features such as a shape, color, or scent, but the features must be unique and non-functional in order to be registered. Additionally, it is important to note that a trademark registration in South Carolina is only valid if it is registered with the USPTO, and that a single state trademark registration is not enough to provide trademark protection at the federal level. While a color or scent may be unique to a particular business, a trademark for that color or scent will only be valid and enforceable if it is registered with the USPTO. Though South Carolina has its own laws and regulations surrounding trademark registration, the USPTO’s rulings are binding on all states.

Related FAQs

How can I renew an international trademark registration?
Does common law trademark protection exist?
What is a trademark notice of opposition?
What is trademark dilution and how can it be avoided?
What are the requirements to qualify for a trademark registration?
How do I register a trademark?
What is the difference between a trademark and a trade dress?
Can I register a trademark for a design or logo?
What is a trademark infringement claim and how can it be avoided?
What are the costs associated with registering a trademark?

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

Related FAQs

Related Blog Posts