The encyclopedia · Strategy & Leadership · Strategic decision · 2009–2024
Scent Library lost its trademark — China’s top fragrance brand cannot own its name
Scent Library was China's leading fragrance brand, but its trademark was declared invalid in 2024. The brand can no longer prevent others from using its name.
Beijing Yitian Generation Trading · Scent Library · 2024-01-06
What happened
Scent Library (气味图书馆) was founded in 2009 and became China's best-known domestic fragrance brand, selling perfumes, home fragrances, and scented body care. By 2019 it had over 100 stores and a strong online presence, positioning itself as the local challenger to international perfume brands. In 2021, the brand received investment from Spain's Puig group, signalling ambitions for further growth.
The brand's core asset was its name — '气味图书馆' (Scent Library). But in 2019, the company discovered that its trademark's exclusive right had expired in November 2020 without renewal. The company scrambled to re-register, but the trademark office's initial review rejected the application. By the time the company appealed, the gap had created an opening for challenges.
On January 6, 2024, the China National Intellectual Property Administration (CNIPA) definitively declared the Class 3 trademark (registration 17917508, covering perfumes, cosmetics, and detergents) invalid. The ruling found that '气味图书馆' and 'SCENT LIBRARY' had become generic descriptive terms in the perfume industry, lacking the distinctiveness required to identify a single source of goods. The company's subsequent applications for related marks such as '气味商店' and '气味图书室' were also rejected.
The invalidation means Scent Library can no longer prevent competitors from using its name. The brand faces a difficult choice: invest heavily in rebuilding brand recognition under a new name, or continue operating without trademark protection and risk dilution as copycats multiply. Either path threatens the brand equity built over 15 years.
Why it happened
- Scent Library failed to renew its core Class 3 trademark before it expired in November 2020, creating a gap in protection
- The brand name '气味图书馆' (Scent Library) was ruled by CNIPA to be a generic descriptive term in the fragrance industry, not capable of distinguishing a single source of goods
- The company's trademark strategy relied on a single, vulnerable mark — when it was lost, there were no backup brands or registered alternatives to fall back on
- Subsequent applications for related marks were rejected, closing off the option of a simple rebranding
The lesson
A brand name that becomes generic cannot be trademarked. Scent Library built its business on a name always vulnerable — when protection lapsed, the gap could not be closed.
Aftermath
Scent Library continues to operate but without exclusive rights to its own name. The company faces the prospect of copycat products and brand dilution. The case became a cautionary tale for Chinese consumer brands about the importance of trademark distinctiveness and timely renewal. It also highlighted the risk of building a brand around a descriptive name.
Sources
- Baidu Baike — 气味图书馆 (brand history, founding year 2009, product categories, Puig investment 2021)
- CNIPA trademark invalidation ruling — Class 3 mark 17917508 '气味图书馆' declared invalid January 6, 2024 (covered by media reports on 36kr, sohu, and zhihu)
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