Protection of non-conventional trade marks

In the magazine for brand management “markenartikel”, attorney at law Dr. Julian Wernicke explains the significance and protection of non-conventional trade mark forms such as sound, smell, haptics & taste, 3D shapes or colors.

Trade marks are generally understood to be word, image or, in combined form, word/image trade marks. Prominent examples are the word creation Lego or the Nike swoosh.
However, trade mark law also provides for the protection of sounds, smells or multimedia works. In this case, trade mark law refers to “non-conventional trade marks”.

In his article “Jingles, smells and video clips – legal protection of non-conventional trade mark forms” in the current issue 5/2025 of the trade magazine “markenartikel”, BOEHMERT & BOEHMERT attorney at law Dr. Julian Wernicke explains the process of protecting these non-conventional trade marks, emphasizes their importance in the context of marketing, gives tips and also addresses current official practice.

His conclusion is clear: The importance of unconventional trade marks is constantly increasing, which is why companies should consider the legal protection of sounds, colors, product shapes, video sequences and holograms in the future.

You can read the article by Dr. Julian Wernicke in issue 5/2025 of the trade journal “markenartikel”. The magazine in German can be ordered here for a fee.