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By Online Legal India
Published On 08 Aug 2025
Category Trademark
Trademarks are defined as logos, names, taglines, and more that help to identify a brand. Many businesses want to protect creative and unusual elements such as specific sounds, shapes, colours, scents, and more. These are called non-conventional trademarks. In India, businesses can protect and register such distinctive features, but the process is slightly different from the regular trademarks. Throughout this blog, you will get guidance on how to register a non-conventional trademark.
Non-conventional trademarks are also known as non-traditional trademarks. It is a unique and creative brand identifier that is different from regular brand names, logos, or slogans. It includes shapes, textures, scents, sounds, colours, holograms, and motion-based marks. Customers can easily identify a brand in a different way. These trademarks are governed by the Trade Marks Act, 1999, in India. If these trademarks are clear, unique, and capable of differentiating one brand from another in the market, they can be registered.
Below are the common types of Non-Conventional Trademarks in India:
Sound marks are a unique tune, audio, jingle, and more. It helps people identify a brand. These marks connect with people with hearing and work with advertising or branding. A non-conventional trademarks example, is a ringtone of Nokia or Yahoo. According to Rule 26 of the Trade Marks Rules, 2017, an applicant can register a sound mark by submitting the sound in MP3 format (up to 30 seconds) and a detailed written description. They must confirm that the sound is unique and is not similar to others.
A colour mark helps to protect a specific colour or combination of colours that is associated with a brand over time. An example is the distinctive red-coloured soles seen on Christian Louboutin shoes. You can register a colour as a trademark only when a brand is associated with the public with its products or services. A single colour is harder to protect than a combination, and a detailed visual representation must be included in the trademark application.
You can use shape marks to protect the distinct 3D shape or packaging of a product so that people can easily identify it. It will also prevent others from copying or misusing it and help to build brand recognition. A non-conventional trademark example include the curved Coca-Cola bottle or the design of Toblerone chocolate. As per the Indian law, a shape should be unique and not serve a practical purpose. The mark must be able to be graphically represented, generally through pictures or drawings, for registration purposes.
Smell marks are among the most difficult to register because of the challenge in visually representing a scent. In India, they are not commonly registered, but the law does allow for it if the scent is unique, non-functional, and linked to a product. In other countries, such as the USA, have accepted certain scent marks (like Play-Doh), but India has not fully accepted them. Applicant needs proof that consumers identify the scent with the brand, as well as a published chemical formula or detailed explanation.
Motion marks cover animated logos or moving visuals used in branding, such as the animated intro of a film studio. In India, motion trademarks require a sequence of still images or screenshots showing the movement, along with a written description. Touch marks refer to specific textures used in packaging or product design that people can identify by feel, like a velvet-like surface. Hologram marks are three-dimensional trademarks using light-reflecting images. These newer types are still rare in India, but they can be registered if distinctiveness and graphical representation are properly demonstrated.
The following documents are required for non-conventional trademark registration in India:
Listed below are the steps for non-conventional trademark registration in India:
Step 1: Conduct a Trademark Search
As an applicant, you have to start with a proper trademark search on the official IP India Trademark Search Portal. You have to check whether there is a similar non-conventional mark exists in the database. This helps to avoid rejection and copying of your application. This step helps you to maintain the originality of your mark.
Step 2: Determine the Correct Trademark Class
India uses the Nice Classification system to organise several goods and services into 45 classes. You must choose the appropriate trademark class related to your goods or services when applying for a trademark registration.
Step 3: Prepare a Clear Graphical Representation
Non-conventional trademarks include a unique method of representation:
Step 4: File Form TM-A
You must file your application using Form TM-A after preparing the representation. You can submit it online through the IP India portal or at a local Trademark Registry Office. You have to pay the required government fee for individual or startup applicants is Rs 4,500, and for other entities, it is Rs 9,000 per class. This form helps to begin the formal registration process.
Step 5: Attach Required Documents
You need to submit the supporting documents with your application. These can include identity proof, address proof, and other required documents.
Step 6: Trademark Examination
The trademark office reviews your trademark application once you submit it. They will verify that if the mark can be graphically represented, whether it is unique, and if it complies with the legal requirements. If any issues exist, the examiner issues an examination report with objections. You must respond to it within 30 days.
Step 7: Submit Proof of Distinctiveness
If the examiner finds the mark not essentially distinctive, you must provide evidence to support your claim. This will help to prove that the public associates the mark with your brand. You must also submit advertisements, promotional content, customer testimonials, or sales data to support your claim.
Step 8: Publication in Trademark Journal
Once the examiner accepts the application, it will be published in the Trademark Journal for four months for public viewing. This process allows third parties to review your mark. If no one files an opposition, the application will proceed to the final stage.
Step 9: Opposition (If Any)
If a third party objects to your trademark, they must submit a notice of opposition. You must respond with a counter-statement and submit evidence. Both parties present their case, and the Registrar conducts a hearing. The Registrar gives a final decision based on the facts and evidence.
Step 10: Receive Trademark Registration Certificate
If no opposition arises or the Registrar rules in your favour, the Trademark Registry issues the registration certificate. You gain exclusive rights to use the non-conventional trademark in India for ten years. You can renew the registration every ten years to keep your rights active.
In India, a non-conventional trademark has the same validity as conventional trademarks. They remain valid for 10 years from the date of application. It can be renewed every 10 years after the expiry to keep it active.
Here are the key benefits of registering non-conventional trademarks in India:
Registering non-conventional trademarks like a specific sound, shape, colour, or scent helps a business stand out in a crowded market. These unique elements create a lasting impression in the minds of consumers. For example, the Nokia tune or the shape of the Coca-Cola bottle is instantly recognisable. Legal registration protects these brand features and allows them to become powerful brand assets.
A registered non-conventional trademark gives the owner exclusive legal rights to use the mark across India. It stops others from copying or misusing any identical or similar element. If someone uses a similar colour combination, tune, or packaging that confuses, the trademark owner can take legal action under the Trade Marks Act, 1999.
Unique marks, especially those that go beyond just words or logos, make a brand more memorable. Consumers begin to associate these elements with quality, experience, and trust. For instance, a signature sound or scent can trigger a strong emotional connection. Over time, this builds loyalty and helps the business grow faster.
A trademark is a valuable asset. When it is legally registered, it can be sold, transferred, franchised, or licensed. Non-conventional trademarks add even more value because of their uniqueness. Investors and partners often see such registrations as a sign of creativity and innovation, which can increase the overall worth of the brand.
Most brands focus only on names and logos. Businesses that register creative elements like jingles, shapes, or colours show uniqueness and originality. This sets them apart in the market and gives them a strong advantage. It also makes it harder for competitors to imitate their branding style.
Securing non-conventional trademarks early protects future brand plans. As the business grows, these elements can become central to marketing campaigns. Early registration ensures that no other business can claim rights over them later.
Conclusion
Registering non-conventional trademarks will be a good decision for any business. It helps protect unique brand features such as sound, shape, smell, or colour. These elements make your brand memorable and build trust with customers. Once registered, your rights are legally secure and help to prevent others from copying or misusing them. A non-conventional trademark adds long-term value and strengthens your brand identity with confidence.
If anyone wants to register a trademark, contact Online Legal India. They have experts to guide you.
A non-conventional trademark refers to marks that do not fall under traditional categories like logos or words. These include sound, colour, shape, smell, motion, or taste marks that help identify a brand uniquely under the Trade Marks Act, 1999.
Yes, you can register a sound or smell as a trademark if it clearly identifies your brand and can be represented graphically. For example, a sound mark must be submitted in MP3 format along with a musical notation.
You need to submit a proper graphical representation, a detailed description, the intended class of goods/services, and supporting documents like proof of usage or uniqueness. Additional forms or specimens may be required depending on the type of mark.
On average, it takes 12 to 18 months if there are no objections or opposition. However, the timeline may vary depending on the complexity of the mark and the response from the Trademark Registry.
Registration gives you legal ownership and exclusive rights. It protects your brand’s unique features from misuse and helps build stronger recognition and customer trust in the long run.
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