Traditionally, trademarks have been associated with brand names, logos, symbols and taglines. However, modern branding is evolving rapidly. Businesses are increasingly using sounds, colours, shapes, packaging and even scents to create a unique identity in the minds of consumers.
This has led to growing interest in non-traditional trademarks—marks that go beyond conventional names and logos.
What Are Non-Traditional Trademarks?
A non-traditional trademark is a distinctive brand element that may not be a traditional word or logo but can still help consumers identify the source of goods or services.
Depending on the applicable legal requirements, these may include:
- Sound marks
- Shape marks
- Colour combinations
- Three-dimensional marks
- Motion marks
- Scent or smell marks
India’s Trade Marks Registry recognizes several forms of marks beyond ordinary word and device marks. The official IP India guidance includes words, letters, numerals, logos, colour combinations, shapes of goods or packaging and sounds capable of graphical representation.
India’s First Smell Trademark
One of the most significant recent developments is India’s acceptance of its first smell mark. In November 2025, India approved a trademark application for a rose-like scent associated with tyres filed by Japanese company Sumitomo Rubber Industries.
The development is important because it demonstrates how trademark protection can move beyond visual branding and into other sensory elements.
Why Are Businesses Interested in Non-Traditional Trademarks?
In competitive markets, businesses are constantly looking for new ways to make their brands memorable. A distinctive sound, packaging shape or sensory characteristic can help consumers immediately associate a product with a particular business.
For established brands, protecting these elements can also strengthen their overall intellectual property portfolio.
For startups, identifying unique brand elements at an early stage can help prevent competitors from adopting confusingly similar branding.
The Importance of Distinctiveness
Not every sound, shape, colour or other unusual feature can automatically receive trademark protection. One of the key considerations is whether the mark is capable of distinguishing one business’s goods or services from those of others.
Businesses should therefore consider distinctiveness before investing heavily in a particular branding element.
A proper trademark search can help identify potentially conflicting marks and reduce the risk of disputes later.
Global Trademark Trends
The expansion of trademark protection is also occurring internationally. The World Intellectual Property Organization (WIPO) continues to support systems for protecting different forms of marks, while the international classification system is regularly updated to reflect changing goods and services. The 13th edition of the Nice Classification came into effect on January 1, 2026.
At the same time, trademark offices are exploring how technology and artificial intelligence can improve examination and trademark processes. IP India has also highlighted the use of AI in patent and trademark processes through international knowledge-sharing initiatives.
What Should Businesses Do?
Businesses developing a distinctive brand should consider trademark protection as part of their broader IP strategy. This can involve conducting a clearance search, selecting appropriate classes, preparing the application carefully and monitoring the mark after registration.
Non-traditional elements should not be overlooked simply because they are different from conventional trademarks.
Conclusion
The future of trademark protection is becoming increasingly innovative. From names and logos to sounds, shapes, colours and scents, businesses now have more opportunities to protect the elements that make their brands distinctive.
India’s first smell trademark is an important development and could encourage businesses to think beyond traditional branding. As technology and consumer experiences continue to evolve, non-traditional trademarks are likely to become an increasingly important part of modern brand protection.
This article is for general informational purposes only and does not constitute legal advice.