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Scents are perhaps the strongest triggers of our memory. It is believed that up to 75% of daily emotions are driven by aromas. Unsurprisingly, businesses активно use scent marketing: they scent storefronts, packaging, and even catalog pages. But can such a powerful tool be protected as a trademark? We answer the key question: is it actually possible to register an olfactory trademark in Russia, and does such practice already exist?

What do the law and practice say?

Russian legislation provides for an open list of trademark types. Article 1482 of the Civil Code of the Russian Federation states that “word, figurative, three-dimensional and other designations” may be registered. Rospatent and the Ministry of Economic Development confirm in their regulations and clarifications that, given the open-ended list, olfactory trademarks are also admissible.

However, in practice, scent registration in Russia remains rather exotic. For a long time, the only well-known example was trademark No. 470375 — a “leather scent” registered by a natural perfumer from Saint Petersburg. The legal protection of this trademark has expired, and currently there are no active olfactory trademarks in Russia.

Under what conditions can a scent be registered?

Rospatent provides several specific requirements:

1. The scent must not be a natural property of the product (e.g., perfume scent cannot be registered).
2. The scent must not evoke unpleasant associations (e.g., poisoning), as this would contradict principles of humanity and morality.
3. The application must include a detailed description and precise characteristics (composition and chemical formula).

Conclusion

Registering a scent as a trademark in Russia is ambitious but legally feasible. There are no formal prohibitions, and such registrations have existed. However, not every scent is eligible.

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