Trade Dress Litigation for Scent? Yes, You Can Trademark the Smell of Childhood

After a 6 year effort, the United States Patent and Trademark Office (USPTO) officially granted Crayola a trade mark for the scent described as “slightly earthy soap with pungent, leather-like clay undertones” in July 2024. This landmark decision allows Crayola to protect the aroma that has become synonymous with childhood creativity and school memories.