When we think of trademarks, we usually imagine logos, brand names, or catchy jingles. But what if a taste—yes, the flavor of your favorite cola or a beloved snack—could also serve as a trademark?
While this idea sounds exciting, especially for companies whose products are known by their unique taste, the reality is far more complex—especially in India.
🍫 What Is a Taste Mark?
A taste mark refers to a specific flavor or taste that uniquely identifies a product. Imagine if the creamy richness of a certain chocolate bar or the tangy kick of a signature sauce could be legally protected, just like a brand name or logo. In theory, this would help companies preserve their brand identity through flavor.
⚖️ Legal Position in India
In India, trademarks are governed by the Trade Marks Act, 1999. A valid trademark must be capable of graphical representation and must distinguish the goods or services of one entity from another.
Here’s where the problem arises: How do you graphically represent a taste? You can draw a logo, write a name, or record a sound—but representing the taste of mango pickle or cola? Not so simple.
India’s Manual of Trade Marks doesn’t provide clear guidance on registering tastes as trademarks, and so far, no taste mark has been successfully registered in the country.
🧩 The Challenges of Protecting Tastes
Registering a taste as a trademark faces several legal and practical roadblocks:
- Lack of Graphic Representation:
The Indian system demands a visual or written representation. There’s currently no standard for representing a taste in this way. - Descriptive Difficulty:
Describing a flavor in precise, non-ambiguous terms is incredibly hard. Unlike colors (which have Pantone codes) or sounds (which have musical notation), tastes lack a universal descriptive system. - Functionality Doctrine:
Under trademark law, functional features—those essential to a product’s use—cannot be protected as trademarks. Since taste is often considered a functional aspect of food or drink, it may be ineligible for protection. - Global Uncertainty:
Even globally, taste marks face legal ambiguity. Most jurisdictions are cautious about granting such protection, with very few successful cases.
🚫 No Clear Path Yet
In contrast to sound, shape, or color marks—where India has seen some recognition and successful registrations—taste marks still remain uncharted territory. There's no widely accepted method of codifying or examining taste claims, and regulators lack a defined process for their evaluation.
✅ Conclusion: Tastes Still Out of Reach
Trademarks are powerful tools for brand recognition and consumer trust. But when it comes to taste, the law struggles to keep up with sensory branding. In India, the legal infrastructure is not yet equipped to accommodate taste marks, and without global consensus on how to represent and verify flavors, their protection remains a challenge.
Until standards emerge, taste will remain a vital but unprotected part of the branding experience.
About the Author
Srinivas Maddipati
Srinivas Maddipati is a registered Patent Agent and legal professional with a passion for innovation and intellectual property law. As the Managing Director of Eeva IP & IT Services Pvt. Ltd., he has advised clients across industries on trademarks, patents, and brand protection strategies. He is actively involved in IP awareness initiatives and helps creators and businesses navigate the evolving landscape of IP law in India.
