In the dynamic world of intellectual property law, non-traditional trademarks are becoming increasingly relevant. These innovative forms of trademarks offer unique opportunities to stand out in a highly competitive and diverse market.
If traditional trademarks are business assets in general, imagine what it could mean to have an out-of-the-ordinary intangible asset that makes your business stand out: something that brings your brand name to your consumers’ minds just by seeing a particular shape, smelling certain scents, or hearing specific sounds.
It is a whole new level, because these new distinctive forms take brands to another level. And, of course, intellectual property is there to guarantee exclusivity.
In this article, we show you the forms that have been accepted for trademark protection:
Holographic or three-dimensional
Used when the goal is to protect as a trademark the shape of an object, shown through different views. Images from various perspectives must be submitted so that it can be fully appreciated. These marks can be classified as: product shapes, container and wrapping or packaging shapes, and shapes of stores and buildings. A couple of examples:
- Toblerone, the famous Swiss chocolate, has a characteristic product shape that can be registered as a trademark.
- Containers and wrappings can also be registrable 3D marks, as long as they are distinctive. Such is the case of Coca-Cola’s glass bottles.
Sound
Sound marks consist of a sound or a set of sounds that can be identified by ear. The sound sign must be submitted on a recording medium that allows its distinctiveness and availability as a trademark to be assessed. These marks are represented through musical staves, phonograms, and even onomatopoeia.
- The famous “ta-dum” when you open the Netflix app is a clear example.
Olfactory (scent)
These are marks consisting of characteristic scents or fragrances that cannot be confused with others. The right claimed and the product or products to which it will apply must be described as precisely as possible. They pose technical difficulties for acceptance, since they cannot be represented graphically. The main requirement is that the scent must not derive from the nature of the product itself.
- In other words, a brand that sells candy and chocolates cannot register the smell of dark chocolate as an olfactory mark.
Sequential (motion)
When the mark consists of a motion sequence or sequential (animated) signs. The application must include a label showing the distinctive sequence claimed.
- Examples include Pixar with its name and the lamp animation, Disney+ with the shooting star traveling over its name, and the 20th Century Fox intro in Fox films.
Non-traditional trademarks are increasingly relevant
One of the main reasons this new category was added to trademark registration is that these distinctive signs are increasingly present in advertising campaigns. The goal is to keep innovating to capture consumers’ attention through the senses, in a communication model that differs from the traditional one based on conventional elements such as text and flat images.
Dare to take your trademark registration to the next level.
Related reading:
- Your trademark’s strength matters more than you think. Is yours strong?
- Traditional trademarks: the 3 essential types.
