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

What is a trademark declaration and how do I submit one?
Can I register a trademark internationally?
How should I respond to someone who is infringing my trademark?
How can I renew an international trademark registration?
How long does a trademark registration last?
What is the Madrid Protocol and how can it help me register trademarks internationally?
Are domain names protected under trademark law?
How do I know if someone is infringing on my trademark?
How do I renew my trademark registration?
Are trademarks protected internationally and how?

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

Related FAQs

Related Blog Posts