When most people think of trademarks, they imagine logos, brand names, or slogans. However, non-traditional trademarks go beyond these conventional marks and can include unusual elements that identify and distinguish a brand in the marketplace.
In Ireland and across the EU, it is possible to register a wide variety of non-traditional marks, including:
- Sounds – Unique jingles or musical notes (e.g. The MGM lion roar).
- Shapes – Distinctive product or packaging shapes (e.g. The shape of the Coca-Cola bottle or Toblerone chocolate bar)
- Colours & Colour Combinations – Specific colours closely associated with a brand (e.g. Tiffany & Co.’s robin’s-egg blue or Cadbury’s purple).
- Motion Marks – Moving images or animations used in branding (e.g. The animated Intel logo at the start of commercials).
- Holograms – 3D visual effects that distinguish a product (e.g. Certain luxury fashion brands use hologram tags to identify authentic products).
- Scent Marks – Distinctive smells linked to a product (e.g. The floral scent of Play-Doh).
- Taste Marks – In rare cases, flavours can be registered if they clearly identify the brand (e.g. Certain confectionery flavours have been registered in the EU under strict conditions).
Non-traditional trademarks give brands the ability to protect unique sensory or visual elements beyond names and logos. While they offer exciting opportunities, these applications often require careful preparation and professional advice to succeed.
For more information please contact James Tansey or Niamh Gibney.
The content of this article is provided for information purposes only and does not constitute legal or other advice.
