Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: March 30, 2017
The Firm
201-896-4100 info@sh-law.comIf you have kids (or a very good memory back to your own childhood), you may recall that Play-Doh has a very distinctive smell. It is such an integral part of the product that Hasbro, Inc. recently filed for federal trademark protection for that scent.

Hasbro sells 500 million cans of Play-Doh each year and recently made headlines when it announced plans to again manufacture the clay in the United States. According to the company, it has used the same scent in its Play-Doh since 1995. If you are having difficulty placing the scent, the trademark registration application describes it 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.”
Hasbro maintains that it already has “legally enforceable common law trademark rights” for this scent. However, the company filed a federal trademark application for this scent on February 14 of this year to bolster its legal rights. Federal trademark registration has several important benefits, including:
Trademark registrations for scents are very rare. In addition to a lower demand for such non-conventional trademarks, they are also more difficult to obtain. As the U.S. Patent and Trademark Office acknowledges in the U.S. Trademark Manual of Examining Procedure (TMEP), “The amount of evidence required to establish that a scent or fragrance functions as a mark is substantial.” To obtain federal trademark registration for a scent, the applicant must demonstrate that (1) the scent serves a nonfunctional purpose; and (2) the scent has acquired distinctiveness.
Despite the high threshold, there have been at least a dozen scent marks on the federal trademark register since 1990. Examples include a mark described as “high impact, fresh, floral fragrance reminiscent of Plumeria blossoms” used for sewing thread and embroidery yarn. Another one is a mark for a “bubble gum” scent for shoes and flip flops.
Assuming Hasbro’s trademark is approved, how exactly will the company enforce it? Since Internet search tools and monitoring services are unavailable for scent trademarks, the company will likely have to rely upon its own investigations and upon the public to notify the company about potential trademark infringements.
While this policing method may be less scientific, the deterrent value alone may make registration worthwhile. According to Hasbro, it is not aware of any potential infringement to date. However, Hasbro is hoping that it can obtain a federal registration to serve as notice to its competitors that they may not use the same distinctive scent in their modeling clays.
Do you have any questions? Would you like to discuss the matter further? If so, please contact me, David Einhorn, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]
Author: Marc J. Comer

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]
Author: Robert L. Baker, Jr.

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
Author: Dan Brecher

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]
Author: Dan Brecher

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]
Author: Dan Brecher

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]
Author: Ken Hollenbeck
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!