Unconventional Trademarks: What You May Already Own But Haven’t Yet Protected
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
Why Cross-Class Trademark Protection Matters—Even If You’re Just Starting Out
Why Cross-Class Trademark Protection Matters—Even If You’re Just Starting Out A strategic note for founders and brand custodians When launching a brand, it’s natural to focus on the product at hand whether it’s apparel, skincare, food, or tech. But what many founders overlook is how trademark protection works across classes and why securing your brand name in multiple categories early on can save you from costly disputes later. Let’s break it down. Trademarks Work on a First-Come, First-Serve Basis Trademark registration is class-based. That means your protection is limited to the specific product or service category (class) you apply under. For example: Clothing falls under Class 25 Perfumes and cosmetics fall under Class 3 If you register your brand name only in Class 25 for clothing, and someone else later registers the same name in Class 3 for perfumes, you may face hurdles when trying to expand into that category—even though it’s your brand. Why This Matters for Growing Brands Most successful brands evolve. A clothing label may launch a fragrance line. A skincare brand may introduce wellness teas. A tech company may move into education. But if your brand name is already taken in that new class, you could: Be forced to rebrand the new product line Face legal disputes or opposition proceedings Lose the ability to build a unified brand across categories Most successful brands evolve. A clothing label may launch a fragrance line. A skincare brand may introduce wellness teas. A tech company may move into education. But if your brand name is already taken in that new class, you could: A Real-World Example Imagine you launch a fashion brand called “Lume” and register it in Class 25 for clothing. Two years later, you decide to launch “Lume” Perfume but discover that someone else has already registered “Lume” in Class 3. You now face a dilemma: either rebrand the perfume line or engage in a costly legal battle to reclaim the name. This scenario is more common than you’d think and entirely avoidable. Strategic, Budget-Friendly Protection You don’t need to register in all the relevant (foreseeable) trademark classes at once. Instead, consider a sequential, budgeted approach: Start with your core class (e.g., Class 25 for clothing) Identify adjacent or future classes based on your growth plans Run availability checks in those classes to ensure no conflicts File additional applications monthly or quarterly, as budget permits This phased strategy helps you build a protective moat around your brand without burning your pockets all at once. Your brand is an asset. Therefore, protecting it across relevant classes isn’t just a legal formality; it’s a strategic move that safeguards your future growth, product diversification, and market positioning. If you’re building something with long-term vision, trademark protection should match that ambition. Let’s plan it right from the start.
Anti Counterfeiting
We combine legal strategy with investigative action to combat IP theft and brand dilution. From market surveys to raids and litigation, we proactively safeguard your brand integrity and consumer trust.
Intellectual Property
We protect your ideas from trademarks and copyrights to patents and designs through end-to-end registration, enforcement, and portfolio management. Whether you’re a startup or a global brand, we ensure your innovations stay secure and competitive.