After a six-year legal battle, Crayola was able to trademark the distinct scent of its crayons, described as “slightly earthy soap with pungent, leatherlike clay undertones”. This move strengthens Crayola’s trademark identity by protecting a unique, nostalgic element that many consumers associate immediately with its business origin, proving that connections with consumers can also be made through non-conventional elements.
Therefore, this case highlights the evolving nature of trademarks, showing how companies can take advantage of the non-conventional trademarks to generate consumer association for elements that, as a result of their work, have become indicative of their origin.
In Colombia, although Decision 486 allows the registration of scent trademarks, in practice it is not possible to register them due to the challenge in providing a clear graphic representation that can be understood by third parties.
Scents are powerful brand identifiers, as they create emotional connections and evoke instant memories. Accordingly, embracing scent trademarks allows companies to stand out in a competitive market and invest in new ways to create consumer recognition.
