Recently in Switzerland a trade mark application was filed for the "smell of candied almonds" for jewellery and watches in class 14. The Swiss IPO and the Federl Administrative Court both refused the application on the ground that a description of a smell is insufficiently clear and defined because temperatures in the pan could vary, mineral traces in the water might change the smell, and the skill of the cook was a subjective element that could not be standardized.
This due to thre fact that the applicant amended the application and included a detailed recipe, specifying the type, quality and quantity of each ingredient and giving step-by-step instructions as to how to prepare candied almonds.
According to IPO and Federal Administrative ruling there is no known method for describing a smell graphically despite the presence of a well-specified cooking recipe with all ingredients (almonds, water, sugar, vanilla extract, cinnamon) and a well-known process (caramelization).
