In an increasingly competitive market, product and service differentiation has become a strategic asset. Traditionally, trademarks have been protected through names, logos, or visual symbols. However, business creativity has driven the development of non-traditional trademarks, such as sounds and even scents, which seek to appeal to all the consumer’s senses.
Costa Rican Legal Framework
The Trademark and Other Distinctive Signs Act (Law No. 7978) establishes in Article 3 that a trademark may consist of “any sign or combination of signs capable of distinguishing goods or services in the market.” Although the law does not expressly mention olfactory or sound marks, its broad wording allows these signs to be protected under Costa Rican law.
For additional context on how business law in Costa Rica interacts with trademarks and corporate strategy, you can explore GLC Legal’s Latin American Business Law services.
Additionally, the Directive of the Intellectual Property Registry No. DPI-0001-2019, issued on March 11, 2019, expressly regulates the requirements for the registration of olfactory trademarks. The application must include:
- An objective, clear, and precise description of the scent, capable of differentiating it from others.
- At least three physical samples of the scent in appropriate containers for preservation, available during the opposition period.
- It must be demonstrated that the scent is not inherent to the product, but rather distinguishes it.
- Compliance with the general requirements applicable to any trademark.
The Pioneering Case
Until 2025, only one olfactory trademark has been registered in the country. Under registration No. 281657, the Costa Rican Tourism Institute (ICT) obtained protection in all classes of the Nice Classification for a scent described as:
“An intense and refreshing aroma, initially inspired by chlorophyll in its natural state. Notes of eucalyptus, menthol, cypress, and citrus are perceived.”
This precedent positions Costa Rica as a regional reference, recognizing for the first time a distinctive sign based on the sense of smell.
To better understand the broader Costa Rican regulatory and investment environment, you may also review GLC Legal’s Costa Rica country overview.
Competitive Advantage for Businesses
Registering a distinctive scent can grant companies a powerful differentiation tool. For example:
- A bakery chain protecting the characteristic aroma of its stores.
- A cosmetics line securing the exclusivity of a fragrance in its creams.
- A theme park or hotel turning a scent into part of its brand experience.
Beyond the visual or auditory, the sense of smell generates lasting emotional associations in consumers, making these trademarks strategic assets.
Companies interested in structuring their intellectual property strategy alongside corporate expansion in Latin America can explore GLC Legal’s regional business law services.
Sound Marks
In addition to the pioneering olfactory trademark registered by ICT, Costa Rica has also accepted applications for sound marks. The process requires submitting a graphic representation (musical score) or a digital file that objectively identifies the melody or jingle.
Although still limited in number, the possibility of registering these signs offers local businesses new opportunities to strengthen their identity beyond traditional logos, protecting elements that have a direct impact on brand recall.
Examples of sound marks in Costa Rica include:
For anyone who has heard these sounds, it is immediately clear which brand they belong to without seeing anything else—this distinctiveness is exactly what the law seeks to protect.
Comparative Experience
Internationally, several jurisdictions have advanced in protecting non-traditional trademarks:
- Colors: Tiffany’s turquoise blue or Louboutin’s red shoe sole. In Costa Rica, such protection remains extremely difficult, given the challenge of proving that a color or combination of colors is distinctive for a specific product.
- Sounds: the MGM lion’s roar or Intel’s startup chime.
- Scents: in the European Union, the scent of freshly cut grass was registered for tennis balls; in Germany, BMW secured protection for the characteristic “new car smell” in its vehicles.
In the region, the Dominican Republic recognizes olfactory trademarks under the ONAPI definition, which describes them as “signs composed of odors, aromas, or fragrances that, being unrelated to the nature of a product, are added with the purpose of making it distinctive in the market.”
The protection of non-traditional trademarks is no longer just theoretical in Costa Rica: ICT’s registration in 2025 represents a historic milestone that opens the door to new possibilities. With the current legislation, the administrative directive, and the growing openness of authorities, companies can now protect colors and sounds as part of their commercial identity.
In a country where tourism, gastronomy, and innovation are economic pillars, exploring this legal tool can grant businesses a unique competitive advantage. Costa Rica is increasingly differentiating itself internationally by offering experiences in which scents and sounds play a key role. Now is the ideal moment for Costa Rican entrepreneurs to transform their sensory experiences into exclusive legal assets, reinforcing their competitiveness in an ever more demanding market.
Author: Diego Elizondo
For more details on this and other corporate law topics, you may contact diego@glcabogados.com, or reach out through GLC Legal’s contact page.
