What are non-traditional marks and why are they important?

Words, logos or combinations of both are well-known “marks” for which you can seek Intellectual Property protection in the form of trade marks.

But there are other types of lesser known “marks” for which companies could obtain protection. These are often referred to as “non-traditional” marks are and part of the toolbox a Trade Mark Attorney can utilise when looking at the most suitable IP protection for their clients.

If your company uses sounds, colours, shapes or unusual combinations of both, which you feel are unique or distinctive in relation to your products, it’s worthwhile seeking advice in order to explore the possibilities available to you to start or grow your portfolio of Intellectual Property rights. Think of the distinctive sound of the MGM lion or BP’s use of the colour green. Both have been successfully registered, just like the Intel Inside music sting or Cadbury’s historical use of purple in their branding.

These non-traditional marks can be amongst the most difficult marks to protect but, if successfully registered, can give you a clear competitive advantage, highlighting your products uniqueness and further differentiating you from your competition.

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