Sensory Branding

Sensory branding is not directed to the visual perception of a sign, i.e. it does not address the eye, but other senses such as hearing, smell or touch. It is difficult, but not impossible, to protect such signs as trademarks, provided that the sign can be clearly determined and is suitable as an indication of provenance.

Audio Branding

A sound sequence, if it is short and concise, can identify a good or a service as a product by creating an association between the sound sequence and the product. Typical examples of this are audio marks such as a telephone ring tone, the jingle of a radio programme or the recurring tone sequence that introduces an announcement at a railway station or an airport. Sounds or concise sound sequences from product advertising can also serve as an indication of provenance. Trademark protection as a sound mark is suitable for such auditive signs. Unlike the audio mark of the past, the sound mark is no longer tied to a graphic representation in the form of music notes or a sonogram. Instead, all types of sounds can be protected under trademark law, from the roar of a deer to a heartbeat and to the synthetic driving sounds of electric vehicles.

Fragrance Branding

A specific, unmistakably defined fragrance may in principle also be suitable for identifying a product in terms of its provenance. If this fragrance can be clearly described and the other requirements for trademark protection are met, it can be protected as a so-called olfactory trademark, i.e. a fragrance trademark. However, the reproduction of the olfactory sign must be clear, unambiguous, self-contained, easily accessible, understandable, durable and objective. The European Union Intellectual Property Office (EUIPO) considers these criteria to be unachievable and currently does not accept olfactory trademark applications.

Tactile Branding

The sense of touch can also be an important element in marketing a product, enabling it to be recognised by its distinctive and palpable shape or surface design. In principle, such a sign can also be accessible to trademark protection as a tactile trademark if it can be described and is suitable as an indication of provenance. However, here too, the reproduction of the tactile sign must be clear, unambiguous, self-contained, easily accessible, understandable, durable and objective. The European Union Intellectual Property Office (EUIPO) considers these criteria to be unachievable and currently does not accept applications for tactile marks.