Korean Non-traditional Trademarks: Color, Sound, Hologram, Motion, Position

Trademarks are no longer just "a word and a logo." NBC's three-tone chime, MGM's lion roar, Tiffany's robin's-egg blue, Christian Louboutin's red sole — these non-visual or non-conventional signs are registrable in Korea as non-traditional trademarks under the Trademark Act. This article maps the five practical categories — color, sound, hologram, motion, and position — through Korean rules and how they compare globally.

Six non-traditional categories Korea recognizes

Per KIPO's trademark overview, Article 2 of the Korean Trademark Act defines marks broadly to include "signs, characters, figures, sounds, smells, three-dimensional shapes, holograms, motions, or colors." The Korea-US FTA (2012) ushered in sound and smell marks; color, hologram, motion, and position followed, bringing the recognized non-traditional roster to six.

Color marks — the hardest

You can apply for a single color or a color combination. Per the Trademark Examination Standards, "simple and commonly used colors" lack distinctiveness (Article 33(1)(6)), so single-color filings are usually refused. Tiffany's robin's-egg blue and Cadbury's purple registered only after decades of consistent use plus strong consumer recognition — acquired distinctiveness evidence is essential.

Sound marks

File a sound mark with an MP3 (≤5MB) plus a score or phonetic transcription. NBC's G-E-C chime and Intel's "Intel Inside" sonic logo are the canonical short-melody form. The Examination Standards reject sounds consisting of only one or two notes (a single musical pitch) as non-distinctive.

Practically registrable sound marks are short 3-7 note melodies with 5+ years of consistent use and recognition strong enough that the sound alone evokes the brand. Ad jingles, startup sounds, and app notification tones are candidates, but Korean grants are mostly held by global brands.

Hologram and motion marks

Hologram marks are 3D images that change with viewing angle — credit-card security holograms, for example. Submit multi-angle drawings plus a description of how the image changes. Motion marks are images that change over time — like the MGM lion roar — submitted as key frames + a video + a sequence description. Simple or commonly used motions/holograms are rejected for lack of distinctiveness, so the visual or motion sequence must be distinctly original.

Position marks

Position marks are signs fixed at a specific spot on a specific article. The canonical example is Christian Louboutin's red sole — the red color matters precisely because it's on the sole; the same red somewhere else isn't infringement. In Korea, side stripes on athletic wear or specific lock positions on bags can qualify, but both position and sign must be novel for registration.

Acquired distinctiveness — the unifying requirement

Across these categories, the common theme is weak inherent distinctiveness. Plain colors, short tones, and routine motions don't communicate source on their own, so registration almost always rides on Article 33(2) acquired distinctiveness — the same evidence basket as for 3D marks: duration of use, sales, advertising spend, market share, recognition surveys.

Pre-filing checklist — five items

1. Pin down the category: color / sound / motion / hologram / position
2. Submission format: MP3, score, multi-angle drawings, key frames, position drawings — match the standard form for the type
3. 5+ years of consistent use: consistent appearance is the foundation of acquired distinctiveness
4. Recognition surveys: budget for studies that can return 50%+ recognition
5. Parallel design / standard mark: when non-traditional registration is iffy, design rights or standard marks can act as fallback protection

Frequently asked questions

Are smell marks really registrable?

Article 2 lists "smell," so they're theoretically eligible, but the difficulty of graphical representation makes Korean grants almost nonexistent. Same in the EU and US. In practice, fragrances are protected via patents on fragrance-encapsulation structures rather than smell marks themselves.

Can non-traditional marks travel via Madrid Protocol?

Yes — but distinctiveness standards differ across designated countries. A Korean grant can still be refused in the EU. Plan office-by-office feasibility before filing internationally, and prepare evidence calibrated to the strictest jurisdiction (often the EU).

How much do non-traditional applications cost?

The official fee is roughly the same as a regular trademark (KRW 56,000 per class for electronic filing). The cost driver is acquired-distinctiveness evidence — surveys, sales records, advertising tallies — which can push attorney fees 2-5x compared with a standard mark. Approval odds are also lower, so weigh the ROI carefully.