Can I use a fragrance/flavor from another company to make a product that primarily uses that flavor/smell?

Question

For example, would I be able to create a brand that uses colognes/perfumes as a smell in a candle? Would it likewise be infringing if I indicated the name of the fragrance used to make that candle on a website or in promotional material? 
 
Another example would be using a fruit juice brand as the ingredient for an ice pop brand.

James L. Arrasmith · Answer

Using a fragrance or flavor from another company to create a new product can lead to legal issues, particularly concerning trademark and copyright infringement. When you use a specific fragrance or flavor that another company has created, you may be violating their intellectual property rights if that fragrance or flavor is protected as a unique creation. Additionally, if you advertise or label your product with the name of the original fragrance, it could cause confusion among consumers and be considered a violation of trademark law. 
 
For example, using a well-known perfume or cologne to make a candle and then mentioning that brand name in your marketing could be problematic. The original company could claim that you are trading on their brand’s reputation, which may result in a lawsuit for trademark infringement. Even if you are just listing the fragrance name on your website, it could be interpreted as falsely suggesting an affiliation with the original brand. 
 
Similarly, using a branded fruit juice as an ingredient in an ice pop and promoting it with the brand name may infringe upon that company’s trademark rights. The law generally aims to prevent consumer confusion and protect brand owners’ rights. To avoid legal risks, you may want to consider creating your own unique fragrances, flavors, or using generic terms without referring to specific brand names.

Q: Can I use a fragrance/flavor from another company to make a product that primarily uses that flavor/smell?