With the registration of the trademark “FRESH CUT GRASS ” in October 2000, everyone thought the OHIM had started the Community olfactory mark saga but it did not! Later on the Court of Justice and the Court of First Instance did not consider a chemical formula and a combination of a device and words to be a satisfying graphic representation.
To this date, the trademark “FRESH CUTGRASS” has remained the sole registered Community olfactory mark.
Unless new technical tools enable graphical representations in compliance with the OHIM requirements, protection for a smell should preferably be sought, for the time being, on another legal basis.