Hasbro trademarks Play-doh’s scent

As reported by CBC News, Hasbro has secured a trademark in the United States for the distinctive scent of “Play-doh”.

The scent is described by the toymaker as a “sweet, slightly musky, vanilla fragrance, with slight overtones of cherry, combined with the smell of a salted, wheat-based dough”. This trademark comes years after Hasbro bottled their fresh “eau de Play-Doh” fragrance in celebration of the Play-Doh brand’s 50th birthday.

It does not appear that Hasbro has attempted to trademark a similar scent mark in Canada. Under the current Trademarks Act, scents cannot be registered as trademarks. However, amendments to the Trademarks Act that are likely to come into force in 2019 will expand the definition of a trademark to include non-traditional marks, including sounds, scents, tastes, textures and three-dimensional marks. See the definition of “trademark” and “sign” in Bill C-31.

Authors: Jaclyn Tilak, Larissa Fulop and Daniela Cerrone, 2018 Summer Student-at-law