IPNews® – The Trademark Trial and Appeal Board denied a drug company’s application to trademark the peppermint scent and taste of its nitroglycerin spray used to treat chest pain.

The board ruled that because the peppermint oil increases the effectiveness of the nitroglycerin spray, it is a functional aspect of the drug and therefore cannot be trademarked.  The board also ruled that the scent and flavor of the spray are not distinct enough to warrant trademark protection.

To continue reading, click: Drug Maker Cannot Trademark Peppermint Flavor and Scent