Trademarking Smells

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.