Trademark are often refers to two terms in English that is ‘trademark’ and ‘mark’. ‘Trademark’ is intangible trademark form a set of perceptions that exist in the minds of consumers, while ‘mark’ is a sign. Generally, the trademark is defined as a word, phrase, symbol, design, sound, smell, color, configuration, character sets or numbers, or a combination of those elements, which are used as a sign of a company's goods or services on the owner to distinguish with goods and services that are made, sold, or provided by others. Meanwhile, according to the Indonesian Trademark Law number 15 of 2001, trademark is a "sign" in the form of images, names, words, letters, figures, composition of colors or a combination of those elements that possess distinguishing features and used in the trading of goods and services. Can be seen that the sound and smell are not included in a trademark in Indonesia.