April 4, 2025
Sensory trademarks have been gaining increasing importance in the world of Intellectual Property (IP). They are a powerful tool for creating a unique and memorable identity for products and services, especially by focusing on sensory stimuli such as sounds, smells, textures, and even tastes.
But what exactly are they, and how can IP protect these intangible assets? In this article, we will explore this innovative concept and understand how it is shaping the future of IP and consumer experience.
Sensory trademarks fall under the category of distinctive signs in commerce. Specifically, they appeal to one or more of our senses, with the aim of strengthening the identity of a product or service.
Unlike traditional trademarks, which rely on logos or names, sensory trademarks use stimuli such as sounds, smells, textures, or even specific colors to create an emotional connection with the consumer..
For example, the sound of a bell when a door opens, the distinctive scent of a product, or the texture of an exclusive packaging are all examples of how sensory trademarks can influence the customer experience. These trademarks are unique and provide immediate recognition, contributing to customer loyalty and differentiation in the market.
Intellectual Property plays a crucial role in protecting sensory trademarks, ensuring that creators of products and services can enjoy exclusive rights over the sensory stimuli they can register. IP protection in this context involves various types of registrations, with the most common being trademark registration.
Similar to traditional trademarks, sensory trademarks can be registered with the National Institute of Industrial Property (INPI), provided they meet certain criteria. In order for a sensory trademark to be registered, it must be distinctive, meaning it must be capable of uniquely identifying a product or service without causing confusion in the market.
The sound of a brand can be registered as a sensory trademark, as long as it is original and can be associated with a specific product or service. A famous example is the distinctive sound of a mobile app or the opening sound of a streaming platform.
Although the registration of olfactory trademarks is a more complex process, certain fragrances can be registered if they are distinctive and meet legal requirements, such as providing a detailed description of the scent.
Product or packaging textures can also be registered, creating a sensory identity that is recognizable by the consumer through touch.
As the market becomes increasingly competitive and brands seek new ways to stand out, sensory trademarks emerge as an innovative tool. The focus on sensory stimuli offers an immersive and emotional experience that goes beyond the mere product or service, creating a direct connection with the consumer.
For businesses, protecting their sensory trademarks through IP not only ensures a competitive edge but also helps maintain exclusivity over unique experiences that can be decisive in the consumer’s choice.
It can be said that sensory trademarks are the future when it comes to differentiation and creating a strong, memorable identity. By protecting stimuli such as sounds, smells, or textures, brands will increasingly establish an emotional connection with their customers. This will ensure a unique position in a saturated market.
Intellectual Property plays an essential role in protecting these sensory innovations, and as the world of branding evolves, sensory trademarks are expected to become an increasingly popular tool in business branding.
