Everyday Trade Marks People Don’t Realise Exist

Most people think of a trade mark as something visual or tangible like a brand name, logo or distinctive packaging, but there are a number of other elements that can be registered as trade marks which may surprise you.  This goes back to the simple fact that a trade mark (by legal definition) is any ‘sign’ that you use to distinguish to distinguish your goods/services from others. The meaning of ‘sign’ is broad.

Did you know it’s possible to trade mark a sound, scent, colour and even movement?

Registering colours, sounds and scents as trade marks

Colour is fundamental to brand identity and while it is challenging to trade mark a single colour, it’s not impossible.  Imagine Tiffany & Co without its distinctive blue branding (which includes 1837 Blue in the Pantone chart in honour of the company’s founding year) or Barbie without the pink (Mattel owns the US trademark for Pantone 219C – ‘Barbie pink’)?  

Despite the notably stringent criteria for registration and enforcement for  sensory elements as trade marks, in Australia and elsewhere, there are still plenty of surprising examples of unusual trade marks. 

In terms of ‘sound’ trade marks, a quick search of the USPTO website reveals that the unique hum and clash of a lightsabre, the distinctive click of a windproof Zippo lighter, the roar of the MGM Lion and Tarzan’s ululating yell are all registered trade marks and all play a key role protecting those brands’ hard-fought and very valuable intellectual property. Whilst there are fewer ‘sound’ marks registered in Australia (less than 100) there are certainly a few that Australian consumers will recognise, such as “Ahh McCain You’ve Done it Again”, the classic Yah-hoooo sound that helped promoted the Search Engine, and, even the “Bunnings Warehouse” jingle. 

Further, for example, there is a sound trade mark associated with Boost Juice in which the ‘OO’ part of the word is substantially elongated and an emphasis placed on the ‘T’.  This was a smart move from a smart operator and you can hear Janine Allis talking about protecting her brand here.

Two other examples of where sounds have been registered as trade marks are:

• A business which markets doorbells has registered the sound of several kookaburras laughing as the sound associated with their product
• Vehicle glass repairer, O’Brien’s has registered the vocal harmonisation of the letter ‘O’ followed by the word ‘O’BRIEN’ rendered as ‘O’, ‘O’, ‘O’, ‘O’BRIEN’.

While many of these unusual trade marks are associated with big companies with large budgets, it’s also possible for small businesses and start-ups to trade mark some of the less conventional brand elements.

Let’s take a look at some of the more surprising trade mark registrations in Australia.

Surprising trade mark registrations in Australia

We found some surprising trade mark registrations during our search of the IP database.

Note that anyone can access the IP Australia database and do their own free trade mark search, using specific keywords to narrow down the search options.  MMW Trademark Services can also assist you with a trade mark search (both in Australia and internationally).  

Scent trade marks in Australia

There are currently two scent marks registered in Australia – one being a eucalyptus scent for golf tees (Class 28 of Goods and Services) and the other being a cinnamon scent for a brand of non-wood based furniture (Class 20 of Goods and Services). Perhaps interestingly, there is almost 10 years between these registrations. The ‘eucalyptus scent’ for golf tees remained the only scent trade mark in Australia for a very longtime.

Trade mark registration is the only way to ensure watertight legal protections for a brand, and it would be interesting to understand the role these two smells play in the brand strategies and how they influence consumer buying decisions.  It just may be that teeing up a golf ball to the refreshing, crisp and reviving aroma of Eucalyptus radiata is the secret to long, straight drives down the fairway! However, like any other trade mark, it has to be considered distinctive, meaning it cannot be a scent that others would likely need to use for the same product. E.g. the scent of coconut in a sun or skincare product, or a beverage, would be difficult to secure as a trade mark, as this scent is common to these products.

Colour trade marks in Australia

A search for registered trade marks for colours in Australia reveals a number of registrations across a variety of products.  

If you fancy a glass of bubbles, you’ll probably be familiar with the orange label of the famous French champagne Veuve Clicquot – and this colour, Pantone 137, is registered as a trade mark in Australia.

Another colour combination that is quintessentially Australian is the red and yellow of Surf Lifesaving Australia Ltd.  Their registered trade marks include as the colours are used on caps, as used on the rectangular flag they fly (divided in half horizontally with the red section on the top and the yellow section beneath it) amongst other things.

It’s an instantly recognisable emblem and is synonymous with summer in coastal Australia – and is clearly a valuable brand that is worth protecting through trade mark registration.

Think about all the products you associate with certain colours. 

Are you drawn to a particular brand of laundry products because of their distinctive bright pink branding?  Do you instantly recognise the brand of denim someone is wearing because of the little red tab protruding from the back pocket of their jeans?  Do you think the yellow and black combination associated with Australia’s largest financial institution contributed to its top spot in the banking sector in the 2025 Roy Morgan Australia’s Most Trusted Brands report? 

Whether or not you buy Vanish, wear Levis or bank with Commonwealth Bank (CBA), you’re probably likely to associate the brands with their distinctive colours which is precisely why the brand owners have registered these colours as a trade mark in Australia.

Key takeaways

While there are plenty of examples of surprising trade marks around the world, it is important to know that securing legal protections for sounds, scents and colours is complex. 

It is always recommended seeking guidance and clarification from a trade marks specialist to get a clear picture of trade mark registration and protection.  If you are considering trade mark registration or would like advice on securing protection of any aspect of your current or future brand, please get in touch with our experienced trade marks attorney, Jacqui Pryor on 03 8288 1432 or submit your query online through our website.