Olfactory Trademarks

Treatment of Olfactory Trademarks in Panama

Trademark owners seek to protect elements of their products or services in different ways and an innovative way of doing so is by registering ‘aromas’ that identify them in the desired way.

A trademark is understood as any sign or word or combination of these elements or any other medium that, due to its characteristics, is capable of individualizing or identifying a product or service.

When Law 35 of 1996 on Intellectual Property was created in Panama, ‘aromas’ were not included or considered to be part or constituent elements of a trademark.

However, Law 61 of 2012 that reformed the aforementioned Law 35 of 1996 added to the then current regulations aromas, flavors and sounds as constituent elements of a trademark.

Currently in the world there are several olfactory brands among which we can mention:

• Singapor Airlines uses its own fragrance that helps create a more pleasant experience for the traveler.
• Sumitomo Tires, tires with a floral scent / fragrance.
• Unicorn Darts, which are darts that when released spread the pungent smell of bitter beer.
• Venootschap Onder Firma Senta Aromatic Marketing, registered as an olfactory brand the smell of freshly cut grass for tennis balls.
• Hasbro recently registered the aroma of his Play-Doh putty.

Therefore, thanks to the reform made to the Intellectual Property Law in 2012 olfactory trademarks can be registered in Panama as their Worldwide popularity has increased in recent years.

We consider that a possible way of representing an olfactory trademark is as it was recently done in Mexico through a written description of the aroma to be registered, so that with such a description you can transmit to a person the exact and necessary information that identifies your product or service.