Trademarks used to mean logos and names. Now, they include much more — a specific shade of blue, a short musical tone, even the layout of a retail store.
These are called non-traditional IP rights.
They aren’t easy to register. They’re even harder to enforce. And they get treated very differently across countries.
Still, companies that get this right unlock powerful brand protection. Because color, sound, and shape can become as distinctive — and valuable — as a name.
This article breaks down how businesses secure and defend these unusual rights. We’ll show how to plan, file, and enforce globally, across legal systems that are not always ready for these claims.
Let’s get started.
Understanding the Scope of Non-Traditional IP Rights
What Falls Under Non-Traditional IP
Non-traditional IP rights refer to elements of branding that go beyond words and logos.
They include colors, sounds, textures, shapes, scents, and even movement patterns.
Think of the sound Intel uses in its startup chime. Or the purple on Cadbury chocolate wrappers. These elements are often more emotionally memorable than a brand name.
But getting legal protection for them isn’t simple. And enforcing them worldwide is even harder.
Why These Rights Matter Now More Than Ever
As markets become more crowded, companies look for new ways to stand out.
That’s why brands are investing in unique sensory features — like signature colors or short tunes — to create identity.
These brand signals build faster recognition in digital spaces where attention spans are short and screens are small.
Securing legal protection for these signals turns creative marketing into enforceable value.
The challenge is convincing trademark offices and courts that what you’re protecting is distinctive — not just decoration.
The Line Between Common Use and Distinctiveness
You can’t protect just any color, shape, or sound.
The law only grants rights when the element is seen as uniquely linked to your brand in the minds of consumers.
For example, you can’t trademark the color red. But you might be able to trademark a specific red for a specific product — if you can prove it has acquired meaning over time.
This concept, called secondary meaning, is critical to winning protection. And it’s even more important when enforcing your rights in other countries.
How Jurisdictions View Non-Traditional IP Differently
The U.S. Offers Protection — But Demands Proof
In the United States, it is possible to register colors, sounds, or other non-standard marks.
But you must prove that consumers already associate that element with your brand. This usually involves surveys, years of use, and clear marketing data.
Even with registration, courts remain cautious. Enforcement depends heavily on context — and on how the element functions in real life.
This makes early enforcement difficult. But over time, brands that persist can build very strong rights.
The EU Requires a Clear, Reproducible Definition
In the European Union, non-traditional marks can be registered, but only if they can be clearly represented.
For example, a sound must be submitted as an audio file and musical notation. A color must be identified with a Pantone code.
Vague or descriptive elements are typically rejected. And even if approved, enforcement depends on proving consumer recognition across multiple member states.
This makes EU filings technical — and slow. But once granted, they hold considerable weight.
Asia Is Mixed — But Moving Forward
In Asia, some countries are more open than others.
Japan has accepted certain color and sound marks. China is more restrictive, but slowly expanding.
India, South Korea, and Singapore offer pathways to registration — though they apply strict tests for distinctiveness and functionality.
These countries often follow civil law systems, meaning they rely more on statute and less on case history.
To succeed, filings must be precise, and enforcement must follow official processes very closely.
There is less room for argument — but a clear pathway when you meet the rules.
Getting Ready to File: Planning for Protection First
Know What You’re Protecting and Why
Before filing anything, ask: is this element truly distinctive?
Have consumers come to see it as your brand? Do you use it consistently? Can it be isolated and shown in a clear format?
These questions help decide whether it’s worth the effort — because non-traditional filings are harder, longer, and costlier than standard trademarks.
The strongest cases begin with marketing — not legal documents.
Gather the Evidence Early
Because secondary meaning is key, you must collect proof from the start.
This might include ad impressions, consumer studies, packaging consistency, and years of use.
You’ll need different formats in different countries. So create a central evidence archive that your team can adapt by region.
The better your evidence, the less resistance you’ll face during registration — and the stronger your hand during enforcement.
Coordinate Your Filings Across Borders
Each country has its own standards. But enforcement gets easier when filings are done in sync.
This means using the same definitions, the same examples, and matching marketing language in each jurisdiction.
It also means watching timelines. Some countries have faster examinations. Others take years.
A coordinated plan avoids gaps — and protects your rights while the process plays out.
Enforcing Non-Traditional IP: When and How to Act
Recognizing Infringement Beyond the Obvious
Unlike brand names or logos, infringement of color or sound marks isn’t always clear.
Two companies might use the same color, but in different ways. Or a sound might be used in a different tempo or pitch.
You must prove that the use creates confusion — that consumers believe the product or service comes from your brand.
This makes enforcement a matter of perception as much as law.
You’ll often rely on market surveys, expert opinions, or evidence of consumer complaints.
In other words, your case is built on how the public sees — and hears — the mark in context.
Context Matters More Than You Think
If a competitor uses your signature color, but in a different industry, it may not be infringement.
But if they use it in your same space, with a similar design or packaging, that context changes everything.
This is why enforcement isn’t just about ownership — it’s about market overlap.
Winning depends on showing the full picture: product, audience, presentation, and timing.
Platform Use Has Changed the Game
On digital platforms, non-traditional marks have new meaning.
A color in a display ad. A jingle in a pre-roll video. These uses may not be physical — but they shape how your brand is seen.
And if another party mimics those elements online, it can confuse consumers instantly.
That’s why enforcement today often begins with screenshots, video clips, and metadata — not just registered marks.
In many cases, your legal strategy starts with your digital marketing team.
Enforcement in Common Law vs. Civil Law Systems
Common Law: Flexible but Fact-Heavy
In common law countries like the U.S., Canada, or the UK, enforcement begins with context.
You don’t just show ownership — you show confusion. You prove that the element in question leads people to mistake another product for yours.
Judges look at evidence broadly. Past rulings, expert reports, social media comments — all can help your case.
But flexibility comes with risk. If your brand use isn’t consistent, or your color or sound hasn’t been prominent, courts may rule against you.
That’s why enforcement depends on how well your marketing matches your legal filings.
Civil Law: Strict, Formal, and Procedural
In civil law jurisdictions — like France, Germany, or Japan — enforcement is more codified.
You must prove you followed the rules at the time of registration. Your filings must be complete, reproducible, and technically correct.
Judges apply rules closely. There’s less room for creative argument or broad interpretation.
But once a right is granted, it can be powerful. Courts enforce quickly — and often don’t tolerate deviation.
That’s why your enforcement plan must start with solid filings. If the foundation is weak, the case never gets off the ground.
Regional Variations Can Delay or Accelerate Action
Some countries respond faster than others.
In the U.S., enforcement may take months or years. In Germany, you can often get an injunction in days — if the paperwork is in order.
Knowing which countries move quickly, and which require long pre-litigation processes, helps shape your timing.
Global brands plan their enforcement calendar based on these cycles — acting where it’s urgent, and pacing where it’s strategic.
Aligning Legal Strategy With Brand Goals
Not Every Violation Deserves a Lawsuit
Because non-traditional marks rely on perception, overly aggressive enforcement can confuse or alienate the public.
If a company sues a small business over a color or jingle, it may look like bullying — unless the harm is clear.
That’s why top brands align their legal actions with brand tone.
Sometimes a notice is enough. Sometimes a quiet request through a platform does more than a legal claim.
And sometimes, holding off preserves goodwill — especially in new or emerging markets.
Work With Marketing, Not Around It
Legal teams often act alone — filing claims, reviewing cases, hiring outside counsel.
But when non-traditional IP is involved, your marketing team plays a critical role.
They know how your color is used. They know what tone your sound creates. And they understand how changes may affect customer trust.
By working together, legal and marketing ensure enforcement doesn’t just protect the law — it protects the brand.
And that’s when enforcement becomes a growth tool, not just a defense mechanism.
Keep Watch — Not Just for Copies, but for Trends
Many infringements don’t start as copycats. They start as trends.
A startup uses a similar color by coincidence. A song becomes popular with a tone like your audio mark.
In these cases, the issue is less about intent — and more about risk.
Top teams track these patterns early. They watch for small uses before they grow. And they act quickly — often through warnings, not lawsuits.
This proactive approach keeps enforcement clean, low-cost, and respectful.
And it reduces the chance of public blowback.
Monitoring Infringement in a Global Environment
You Can’t Enforce What You Can’t See
Non-traditional IP rights are often visual or auditory. That makes them harder to monitor than names or logos, which can be searched by keyword.
This means your monitoring tools must go beyond simple searches. You need image recognition, audio matching, and even marketplace crawling with trained reviewers.
Most enforcement starts with detection. If you don’t see the threat early, your legal strategy will always be late.
And with sound or color-based marks, the window to act can close fast — especially if damage is done before consumers notice the difference.
Online Marketplaces Create Scale — and Risk
Many cases of color or sound misuse start on eCommerce platforms.
Someone uses a lookalike color palette. Another seller borrows your product layout or packaging tone. Some even upload videos with your chime or jingle embedded.
These violations are often subtle. But they dilute your brand and confuse customers.
That’s why your IP team needs access to platform takedown tools — not just for logos or names, but for full sensory branding elements.
And it’s why your marketing team must report suspicious listings — even if they seem like design inspiration at first.
Use Local Partners to Cover Ground
Even the best global teams can’t see every region. That’s where local investigators, counsel, and monitoring vendors come in.
They understand what enforcement looks like locally. They can detect when a color variant shows up in-store. Or when a TV ad mimics your brand audio.
They also understand what local consumers notice — and what they ignore.
This insight lets you act only where it matters. And it helps keep enforcement targeted, not scattered.
Leveraging Customs, Platforms, and Channels for Better Control
Customs Can Block More Than Physical Goods
Most people think customs only stop counterfeit handbags. But customs can block any goods that infringe registered marks — including color, sound, or shape marks if registered properly.
To do this, you must register your non-traditional mark with the relevant customs database.
You also need to supply visuals, audio files, and training material to help officers recognize infringement.
Done right, customs becomes a quiet, powerful gatekeeper — stopping infringement before it ever hits the shelf.
But it requires clarity. If the mark isn’t clearly registered and documented, customs won’t risk action.
Online Platforms Respond Best to Clear Guidance
Amazon, Alibaba, YouTube, and others have programs to protect IP. But most focus on trademarks and patents — not non-traditional marks.
This is changing. Some platforms now allow filings for color patterns, product shapes, and audio snippets.
But their systems are new. They rely on brands to define what to watch for.
That means your legal team must create detailed evidence packets: examples of proper use, examples of misuse, product references, and registered rights.
The more you give platforms to work with, the faster and more effectively they act.
And in digital space, fast action often means total protection.
Create Feedback Loops Between Channels
When infringement is found in one place, it often spreads.
An audio knockoff that appears in a YouTube ad may soon show up in an Instagram reel. A product with your signature color on Amazon may also be on a local online store.
Your team must connect these dots.
When one use is flagged, check the others. Expand your search. Alert partners.
The faster your response becomes multi-channel, the harder it is for the infringer to gain traction.
This doesn’t just stop one threat. It discourages the next one.
Using Data and Process to Scale Enforcement
Build a Central Evidence Archive
Every enforcement case — successful or not — generates valuable proof.
What worked? What didn’t? What evidence convinced the court or the platform? What language led to quick takedown?
Storing this centrally allows your team to move faster on the next case. It reduces waste. And it gives junior team members better tools from day one.
A shared archive also keeps your legal strategy aligned globally — so Tokyo, Paris, and Toronto aren’t repeating each other’s mistakes.
Use Trends to Set Priorities
Not every misuse deserves equal effort.
Your enforcement team should track which color or sound violations are rising, which platforms are slow to respond, and which markets carry the most risk.
This data lets you rank actions — and focus where it matters most.
Sometimes, three fast wins in smaller markets do more than a slow lawsuit in a major one.
Scaling enforcement doesn’t mean chasing everything. It means knowing what’s worth chasing — and when to act.
Automate What Doesn’t Need Judgment
While sound or color marks require judgment, some parts of enforcement don’t.
Takedown filings. Screenshot logging. Case number tracking. Status reports.
These can be automated with the right tools — freeing up your team to focus on strategy.
Technology won’t replace legal thinking. But it will make space for it — especially when your brand is enforcing across dozens of regions and hundreds of platforms.
Efficiency becomes strength. And in non-traditional IP, strength depends on repetition and reach.
Preparing for Long-Term Protection and Defense
Non-Traditional Rights Require More Than a Filing
Securing a sound, color, or shape mark is not just about submitting forms. It’s about building recognition over time.
That means using the element consistently. Making it part of your brand voice. Reinforcing it in advertising. And keeping your use documented.
A single campaign won’t create distinctiveness. Courts and agencies want to see long-standing association — not one-off use.
So from the start, your team must treat the element like a core brand asset, not an accessory.
Build Brand Guidelines That Support Legal Claims
Legal registration often depends on consistent brand behavior.
That’s why your design and marketing teams need clear rules: how to use the color, when to play the sound, what combinations to avoid.
These guidelines support distinctiveness — and become part of your legal proof.
They also help prevent internal misuse, which can weaken your enforcement later. When your brand stays consistent, your legal rights grow stronger.
And that consistency starts with internal education.
Audit Your Use Regularly — Before Others Do
A forgotten chime. A faded shade of color. A logo redesign that drops the mark.
These small changes can undo years of legal investment.
Schedule brand audits to make sure your non-traditional marks are still in use — and still distinctive.
Update filings as needed. Refresh marketing where elements are underused. And retire marks carefully, with legal review.
What you abandon can’t be enforced. And what’s inconsistent is hard to prove.
Building Cross-Functional Teams for Enforcement
Legal, Marketing, and Product Must Work Together
Legal knows the rules. Marketing drives recognition. Product creates touchpoints. Alone, none of them can build enforceable non-traditional IP.
But together, they create the conditions for protection.
When launching a new product, legal should advise on what can be registered. Marketing should build campaigns around it. Product should ensure it’s visible and repeatable.
And over time, that repetition becomes distinctiveness.
The team that coordinates best will win in court — and in the market.
Assign IP Liaisons Inside Creative Teams
Creative teams don’t always think in legal terms. And legal teams don’t always speak the language of design.
That’s why assigning an IP-trained liaison inside creative departments helps bridge the gap.
This person ensures that design choices support legal claims. That new colors or audio elements are tracked. And that risky changes are flagged early.
They’re not a gatekeeper. They’re a translator.
And they make enforcement smoother by aligning creation with compliance.
Make Enforcement a Brand Value — Not Just a Legal Function
Consumers today care about originality. When they see others copying a brand’s look or sound, they notice — and it affects trust.
So enforcement is no longer just legal. It’s part of how you protect the promise your brand makes.
Teach teams to value enforcement the same way they value product quality or marketing consistency.
Because every unauthorized use you allow weakens your position. And every action you take — if done with care — strengthens it.
Conclusion: Turning Creativity Into Controllable IP
Non-traditional trademarks — colors, sounds, shapes — offer some of the strongest emotional ties a brand can create.
They stick in memory. They cut through noise. They build recognition faster than words.
But they are only powerful if they can be protected.
That means knowing how to register them properly. Using them consistently. And enforcing them with precision across borders and systems.
It means blending creative vision with legal structure. And building a team that understands both.
Because at the end of the day, the most valuable marks are the ones you can control — not just create.
And when done right, non-traditional IP gives you control where others still chase visibility.
It gives you a moat. A message. A right that no one else can touch.
And that’s where brand value lives — in the space between what people remember and what no one else can copy.
