French company Eden Sarl tried, and failed, to trademark the odor of fresh strawberries. From the BBC News:
The company argued that while strawberries may look and taste different, they all smell the same, and as a result could be trademarked.
The court took a different view, and smell experts found that instead of just one aroma, strawberries can in fact have up to five different, distinct scents.
"Strawberries do not have just one smell," the court said. "This means that the different varieties of strawberries produce significantly different smells…"
According to the Associated Press news agency, the only scent to win EU trademark protection so far is the smell of freshly cut grass.The smell was registered by a Dutch perfume company that uses it to give tennis balls their aroma.
