The author discusses the implications of the United States Patent and Trademark Trial and Appeal Board decision In re Clarke, where the Patent and Trademark Office first issued trademark registration for a fragrance. Hammersley discusses expanding trade dress protection to include scents, the positive aspects of scent protection, and the potential of registering scents under current legal standards.
Faye M. Hammersley,
The Smell of Success: Trade Dress Protection for Scent Marks,
2 Marq. Intellectual Property L. Rev. 105
Available at: http://scholarship.law.marquette.edu/iplr/vol2/iss1/4