Trademarking Smells

I have never heard of being able to trademark a smell.

However, if you know the chemical compound that makes up the smell, it is likely that you can get a patent on the molecule if one does not already exist and the "smell" is not considered part of the public domain.

Hello,

Please note that in the European Community "any signs capable of being represented graphically can be registered provided that such signs are capable of distinguishing the goods and services of one undertaking from those of another undertaking".
The European Court of Justice (ECJ) has issued the landmark Judgment of 12 December 2002 in Case C-273/00, (Ralf Sieckmann vs Deutsches Patent- und Markenamt). Said decision states that "a trade mark may consist of a sign which is not in itself capable of being perceived visually, provided that it can be represented graphically, particularly by means of images, lines or characters, and that the representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective."
Best regards.

The single registered smell CTM is the one applied by Vennootschap Onder Firma Senta Aromatic Marketing in 1996, for tennis balls. Initially, the OHIM examiner refused the registration for lack of graphic representation, but in the end the Board of Appeal of the OHIM stated that:
“The smell of freshly cut grass is a distinct smell which everyone immediately recognizes from experience. For many, the scent or fragrance of freshly cut grass reminds them of spring, or summer, manicured lawns or playing fields, or other such pleasant experiences.
The Board is satisfied that the description provided for the olfactory mark sought to be registered for tennis balls is appropriate and complies with the graphical representation requirement of Article 4 CTMR.”
The trademark is lapsed now.