Unconventional Trademarks: What You May Already Own But Haven’t Yet Protected
A strategic note for brand builders and creative custodians
When you think of a trademark, you probably picture a name, logo, or tagline. But what about the roar of MGM’s lion, the Nokia jingle, the aroma of Starbucks, or the distinct purple of Cadbury’s packaging? These are all examples of unconventional trademarks distinctive brand elements that go beyond the visual and verbal.
As branding becomes more immersive and multi-sensory, it’s worth asking: are there elements in your brand experience that deserve protection but haven’t yet been considered?
What Is an Unconventional Trademark?
Unlike traditional trademarks (names, logos, symbols), unconventional trademarks derive their distinctiveness from the product or experience itself. They must be:
- Unique and recognizable
- Capable of distinguishing your brand from others
- Communicative in nature i.e., they evoke association, memory, or emotion
These marks are harder to register, but when done right, they offer powerful brand protection.
Types of Unconventional Trademarks
Here are some categories to watch for in your own brand:
1. Sound Marks
If a sound instantly reminds someone of your brand, it may qualify. India’s first sound mark was granted to Yahoo! for its yodel, followed by ICICI Bank’s jingle.
2. Smell Marks (Olfactory)
Sumitomo Rubber registered the scent of roses for its tires. Think: the aroma of Chanel No. 5, or a signature scent in your store or product.
3. Motion Marks
Animated logos or signature movements like the Lamborghini doors or the Windows logo animation can be protected.
4. Texture Marks
Distinctive feel or surface like the leather wrap on a wine bottle or crackle-glass texture on Old Parr bottles.
5. Colour Marks
Not just any colour but a specific shade used consistently. Cadbury couldn’t register “purple” generally, but succeeded with a specific shade on its chocolate packaging.
6. Taste Marks
Still uncharted territory. Eli Lilly tried to register the taste of artificial strawberries for medicine but was rejected. No taste mark has been granted yet.
7. Hologram Marks: Multi-angle visuals like the American Express hologram protected in the U.S.
Why This Matters for You
If your brand has a signature jingle, distinct packaging texture, store scent, or animated logo, you may already own an asset worth protecting. These elements:
Reinforce brand recall for consumers with imperfect memory
Create emotional and sensory associations
Differentiate your brand in crowded markets
Can be legally protected to prevent imitation or dilution
What You Can Do
1. Audit your brand experience:
Look beyond the name and logo. What do people hear, smell, feel, or see when they engage with your brand?
2. Identify protectable elements:
Is there a sound, scent, texture, or motion that’s unique to you?
3. Seek legal guidance:
Not all unconventional marks are registrable yet—but some are.
4. Plan strategically:
You don’t need to file everything at once. Build a roadmap for protection as your brand evolves.
Unconventional trademarks are no longer just for global giants. As Indian consumers become more brand-aware and marketing becomes more experiential, protecting these elements will be key to building defensible, memorable brands.
If you’re investing in brand experience, make sure you’re protecting it too