What Are Non-Traditional Trademarks? Exploring Sound, Smell, Color, and Other Unique Marks and Their Legal Registration Requirements in Korea
Pine IP
October 29, 2024
.png)
As awareness of non-traditional trademarks grows, businesses in Korea are increasingly seeking to protect sensory elements such as sound, smell, motion, holograms, three-dimensional shapes, and color as trademarks. These unique trademarks help create distinctive consumer experiences and expand upon traditional text or logo-based trademarks. They offer an innovative way for brands to convey their identity across various sensory dimensions. However, to legally register and protect such trademarks in Korea, businesses must meet specific requirements beyond those for conventional trademarks. Non-traditional trademarks present unique challenges due to their sensory and abstract characteristics, but they are becoming widely used across diverse industries.
Sound trademarks are trademarks that represent a brand through distinctive sounds or short melodies. Globally recognized examples include Intel’s signature “bum-bum-bum-bum” jingle or MGM’s iconic "lion's roar." In Korea, catchphrases or sounds used by celebrities and advertisements often find their way into sound trademark registrations.
To register a sound trademark in Korea, clear definitions and objective descriptions are required. Details such as frequencies, sheet music, duration, and tone must be provided, and legal requirements may also call for sound files and musical scores. Recognizing sound trademarks can be challenging as the sound must distinctly represent the brand. Consistent and repetitive use of the sound is critical to ensuring consumers associate it with the brand.
Smell trademarks involve using specific scents to symbolize a brand, increasingly seen not only in perfumes and cosmetics but also in general consumer products. For instance, in the Netherlands, the scent of "freshly cut grass" applied to tennis balls has been successfully registered as a trademark. In Korea, as the market for luxury goods and unique branding expands, interest in smell trademarks is growing.
Registering smell trademarks is particularly difficult due to the sensory nature of scents. Applicants must provide reproducible, objective descriptions, including the chemical composition, formulation, and molecular structure of the scent. Consistency of the scent across varying environmental conditions is another crucial requirement.
Motion trademarks protect distinctive gestures or movements that symbolize a brand or product. These are increasingly used in Korea’s dynamic and creative advertising landscape. A globally recognized example might include the use of complex Rube Goldberg-inspired movements to demonstrate a product's uniqueness.
In Korea, motion trademarks must be submitted as video files or sequential images. The motion must be unique and used consistently to ensure consumers can associate it with the brand. By incorporating the element of time, motion trademarks allow brands to stand out in creative marketing strategies.
Hologram trademarks utilize three-dimensional effects to represent a brand. These trademarks are often associated with high-end fashion brands or advanced technology products, creating a strong visual identity. In Korea, hologram trademarks are being explored in fields where innovation and premium branding are key.
To register a hologram trademark, applicants must provide detailed descriptions of 3D designs and any variations in color. Visual representations from multiple angles are often required to demonstrate the trademark’s uniqueness. Hologram trademarks help brands leave a lasting impression by leveraging visually striking and innovative designs.
Three-dimensional shape trademarks protect unique product shapes or packaging designs. Iconic examples include Coca-Cola’s bottle and, in Korea, the distinct packaging of Banana Milk. Such trademarks must have aesthetic uniqueness beyond mere functionality to qualify for registration.
In Korea, applicants must prove that the 3D shape is distinctive and has been consistently used to establish consumer recognition. Records demonstrating consumer association between the shape and the brand are essential for registration.
Color trademarks involve the use of specific colors or combinations of colors to symbolize a brand. Tiffany & Co.'s "Tiffany Blue" serves as an iconic example of such trademarks. In Korea, color trademarks are often used to differentiate high-end products or create strong visual branding.
To register a color trademark in Korea, applicants must demonstrate that the color has been consistently used over time and has become associated with the brand in consumers’ minds. Consistent use in marketing and advertising campaigns is essential for establishing the trademark’s distinctiveness.
Non-traditional trademarks are a powerful tool for reinforcing a brand’s identity, but their registration and legal protection involve unique challenges in Korea. Unlike traditional trademarks, these marks must be objectively and clearly defined to avoid subjective interpretation. For example, sound trademarks require detailed audio documentation, while smell trademarks necessitate chemical compositions.
Additionally, non-traditional trademarks must demonstrate sufficient use and consumer recognition to qualify for registration. Each type of trademark has its own set of legal requirements, such as providing sound files for sound trademarks or chemical formulas for smell trademarks. Despite these complexities, non-traditional trademarks are key to maintaining a brand’s uniqueness and competitive edge.
Non-traditional trademarks are gaining traction in Korea as businesses seek to differentiate themselves in competitive markets. By using sensory elements such as sound, smell, motion, holograms, three-dimensional shapes, and colors, brands can create memorable consumer experiences and strengthen their identity.
At Pine IP, we specialize in helping businesses in Korea register and protect non-traditional trademarks. Each type of trademark has unique legal requirements, and our firm provides expert strategies and comprehensive support to navigate the complex registration processes. We are committed to ensuring that businesses can protect their distinctive sensory trademarks effectively and leverage them to create lasting consumer impressions.
