It has not always been clear whether a fragrance claiming use in the manner of a trademark could be registered. In 1990, an examiner's refusal to register a scent mark was appealed to the Trademark Trial and Appeal Board. The mark was described as "a high impact, fresh, floral fragrance reminiscent of plumeria blossoms" for use with yarn and thread. (17 USPQ2d 1238) The Board reversed, holding that "[f]ragrance can be capable of serving as a trademark to identify and distinguish" goods. However, the Board drew a clear distinction between a fragrance used in the identifying manner of a trademark that is not an "inherent attribute" of the product, which may be registered, and the "fragrances of products which are noted for those features, such as perfumes, colognes, or scented household products," which may not be registered. It would seem that, like a distinctive shape that is a an inseparable feature of a product, an odor that is inherent in the function or nature of a product cannot look to a claim of trademark rights for protection.

      The plumeria blossom scent registration has since expired, but there are a number of registrations of scents as trademarks currently in force, including "a scent mark having the scent of bubble gum" for use with "oil based metal cutting fluid and oil based metal removing fluid for industrial metal working." (U.S. Registration No. 2,560,618.)