Smell of strawberries is not unique, court says

What’s in a smell? Well, a lot, but you can’t own it.

A European Union court ruled Wednesday that a French firm cannot trademark the aroma of ripe strawberries.

Paris-based Eden SARL wanted to add strawberry smell to its product line, including soaps, face creams, clothing and even leather goods.

The EU trademark agency had rejected a scent registration request. And the appeals panel agreed, noting not all strawberries smell alike.

As the court puts it: “There is no generally accepted international classification of smells which would make it possible to identify an olfactory sign.”

One scent has been granted trademark protection by the European Union: the smell of freshly cut grass. A Dutch perfume company uses it for tennis balls.