We discussed ‘taste’ trademarks last week here.
Counterfeit Chic discusses the protection of scent, today.
‘Sight’ trademarks comprise 99.99% of all trademarks (my estimate).
Sound trademarks occur every so often (Intel’s ‘bah buh bo bah’, MGM’s lion roar, Tarzan’s yell, various jingles).
What about touch? Can a distinctive texture designate origin? (the feel of cotton?) (ultra suede – more like suede than suede itself?) I’m aware of one tactile mark – a German trademark registration for the word UNDERBERG in braille (courtesy the Non-traditional Trademark Archives).
JWelch emails me to suggest that a jar with a fuzzy label should be registrable (“reach for the fuzzy jar”).