Non-traditional trademarks are a growing asset in today’s competitive global marketplace. Businesses are looking beyond logos and names to protect their brand identity, exploring unique marks like sounds, colors, scents, shapes, and even holograms. But while these innovative marks can set you apart, they can also pose challenges when it comes to global protection.
Understanding Non-Traditional Trademarks
To fully unlock the strategic power of non-traditional trademarks, businesses must look beyond the surface and understand their purpose, value, and the unique challenges they pose.
These marks—whether a sound, color, shape, motion, or texture—are not just tools for creativity. They are sophisticated assets that can be leveraged to establish a competitive advantage, especially in global markets where differentiation is key.
Non-traditional trademarks provide an opportunity to transform seemingly ordinary elements into irreplaceable brand identifiers. However, their unconventional nature demands a proactive and deliberate approach, as the burden of proof and legal acceptance varies widely across jurisdictions.
Why Non-Traditional Marks Are Essential for Long-Term Strategy
In competitive industries, traditional trademarks like logos and wordmarks may not be enough to stand out. Consumers today are more visually and emotionally engaged than ever, with their senses playing a critical role in how they perceive brands.
Non-traditional marks help businesses create multi-dimensional brand identities that leave stronger, lasting impressions. For example, the unmistakable sound of Netflix’s “ta-dum” serves as a signal that viewers are about to enjoy premium entertainment. It goes beyond the visual experience, building an emotional expectation.
For businesses aiming to create a holistic branding strategy, non-traditional marks can solidify consumer trust and loyalty by linking unique sensory experiences directly to the brand. They provide the added advantage of being harder to copy.
Competitors may imitate a logo, but reproducing a sound, shape, or color with an identical emotional impact is far more challenging. This makes non-traditional trademarks valuable not just for recognition, but as barriers to market entry for competitors.
Strategic Steps to Assess and Create Non-Traditional Trademarks
Before pursuing protection, businesses should first evaluate what elements of their brand identity might qualify as non-traditional trademarks. A thorough brand audit can help uncover hidden opportunities that could be registered and protected.
Look closely at your products, packaging, or services. Is there an element—be it a sound, texture, or visual cue—that customers immediately associate with your brand? For instance, the iconic “shape” of a Pringles canister or the velvety texture of a luxury cosmetics container can qualify as trademarks when consistently used and uniquely identified.
Once identified, businesses need to develop a clear strategy to reinforce consumer association. Distinctiveness is key for successful registration and enforcement, and that requires sustained marketing and usage over time.
For example, if you aim to register a signature color, such as Tiffany Blue, ensure that it is prominently displayed across all touchpoints—packaging, advertisements, websites, and retail spaces.
A scattered or inconsistent application weakens your claim to distinctiveness, especially in jurisdictions that scrutinize evidence of acquired secondary meaning.
Simultaneously, businesses should document their efforts to build consumer recognition. Market surveys, advertising expenditures, and consumer testimonials will strengthen your application when it comes time to prove distinctiveness.
This evidence should show that the public sees the non-traditional mark not as functional or generic but as a clear sign of origin tied to your brand.
Aligning Non-Traditional Marks with Brand Storytelling
Non-traditional trademarks work best when they align seamlessly with your overall brand story. A non-traditional mark should not exist in isolation; it needs to reinforce your brand’s positioning and help customers experience the identity you’re building.
A brand known for innovation might consider motion trademarks—like the dynamic animations used in technology products—while a luxury brand could emphasize tactile experiences like textures or scents.
For instance, a hotel chain focused on relaxation might create a signature ambient scent diffused throughout its properties. By registering this scent as a non-traditional trademark, the chain not only differentiates itself but also creates an emotional anchor for returning customers.
The smell becomes an experience they associate with peace, luxury, and comfort—elements central to the brand story.
Businesses should also consider how these marks scale globally. For example, a sound or scent that resonates in one market might evoke different cultural connotations in another.
Before attempting global registration, assess how your non-traditional mark will be perceived internationally to avoid missteps.
Creating a Long-Term Vision for Non-Traditional Trademark Use
Securing a non-traditional mark is not just about today; it’s about the future. These assets often require substantial time and investment to prove their distinctiveness and association with your brand.
This long-term vision must include plans to integrate the mark across every relevant channel, maintain its visibility, and evolve it over time without losing its core identity.
For example, a company registering a unique product shape as a trademark must commit to using that shape consistently in packaging, marketing materials, and customer experiences.
Deviating from the protected form—such as modifying the shape for cost reasons—can weaken its distinctiveness and leave the mark vulnerable to challenges.
Additionally, businesses should explore how the non-traditional trademark might expand as their global portfolio grows. A sound mark registered initially for a specific product could later be applied to apps, promotional campaigns, or digital experiences.
Proactively protecting these extensions ensures that the mark remains valuable as the business scales.
Leveraging Technology to Support Non-Traditional Marks
Advancements in digital technology are opening new opportunities for businesses to create and protect non-traditional trademarks. Motion trademarks, multimedia trademarks, and holograms are increasingly being adopted in industries ranging from entertainment to automotive.
For businesses exploring these emerging mark types, technology can help demonstrate how these elements interact with consumers and provide evidence for distinctiveness.
For example, businesses can use digital marketing data to show that a motion trademark—like a dynamic loading screen animation—has been viewed millions of times by customers globally. This data provides quantifiable proof that the mark is recognized as unique and associated with the brand.
In addition, artificial intelligence tools can monitor global markets to detect potential infringements of non-traditional marks, such as unauthorized use of signature sounds or motion elements.
Early detection ensures that businesses can enforce their rights quickly, preserving the exclusivity and strength of the mark.
The Key Challenges in Protecting Non-Traditional Trademarks
Non-traditional trademarks offer unique opportunities for brands to stand out, but protecting them globally brings a set of distinct challenges.
Unlike traditional marks, such as words and logos, non-traditional trademarks—colors, shapes, sounds, scents, and motions—require businesses to overcome legal, cultural, and practical hurdles.
Each challenge demands a strategic, proactive approach, as mistakes during registration or enforcement can leave brands vulnerable to competitors or invalidation.
Businesses must recognize that protecting non-traditional trademarks is as much about preparation as it is about execution. By understanding these challenges and taking actionable steps, companies can build a strong foundation for protecting their unique marks across jurisdictions.
The Subjectivity of Distinctiveness
A significant challenge in protecting non-traditional trademarks is proving distinctiveness.
Unlike traditional marks, which are easier to identify and associate with a brand, non-traditional marks are often subjective. For example, what makes a sound or color unique to one group of consumers may not carry the same association in another market.
Distinctiveness is usually divided into two types: inherent distinctiveness and acquired distinctiveness (secondary meaning). Non-traditional trademarks rarely meet the criteria for inherent distinctiveness because their association with a brand is not immediate.
Businesses are often required to demonstrate acquired distinctiveness, which involves proving that the mark has become synonymous with the brand over time.
To address this challenge, businesses should adopt a long-term strategy focused on consumer education and brand reinforcement. Marketing campaigns, consistent global usage, and repeated exposure of the mark in relevant markets can help strengthen public association.
Evidence such as consumer surveys, advertising metrics, and sales data will provide valuable support when filing for registration.
For example, a unique product shape may not initially qualify as inherently distinctive. However, if businesses prominently showcase that shape across their branding, advertising, and packaging for years, they can gather data to prove that consumers associate it exclusively with the brand.
This proactive approach reduces the risk of rejection during trademark examination.
Cultural and Market Perception
Another challenge arises from the differing cultural and market perceptions of non-traditional trademarks. A sound, color, or scent that resonates in one region may fail to have the same impact—or even face rejection—in another.
Countries often assess distinctiveness based on local consumer understanding, which adds another layer of complexity when pursuing global protection.
For example, a specific color may be culturally significant in one country, making it difficult to claim ownership. Similarly, sound trademarks like jingles may clash with cultural norms or language barriers, reducing their distinctiveness.
To navigate this challenge, businesses must conduct thorough market research before filing applications. Understanding how consumers in different regions perceive the non-traditional mark is critical.
For instance, if a company uses a unique scent in its product, it should test its impact on customers across target markets. This will help determine whether the mark can be protected globally or needs to be tailored for specific jurisdictions.
Aligning the mark with local branding strategies can also help. For example, businesses may slightly adapt sounds, colors, or scents to ensure cultural relevance while maintaining the core elements of distinctiveness.
Functionality and Practical Limitations
Functionality is another major hurdle for non-traditional trademarks, particularly for shapes, colors, and textures.
Trademark law prohibits the registration of marks that serve a functional purpose because such protections could give businesses an unfair monopoly. If a shape enhances a product’s utility—such as a design that improves grip or ergonomics—it will likely be rejected.
The line between functionality and distinctiveness can often be blurry. For example, a bottle shape designed to be easier to hold may be seen as functional rather than a unique identifier.
Businesses need to demonstrate that the non-traditional mark is purely aesthetic or serves no functional role other than brand recognition.
To overcome this challenge, businesses should focus on creating marks that prioritize uniqueness over functionality. A good example is the Coca-Cola bottle, whose distinct shape is iconic but not essential to its function.
Careful design and product development are key to ensuring the mark will meet legal standards.
Additionally, businesses should document the creative process behind their non-traditional marks. Showing that the shape, texture, or other element was chosen for branding purposes—not utility—can strengthen the case for distinctiveness.
Inconsistent Global Legal Standards
Trademark laws are not universally harmonized, and this inconsistency poses a significant challenge for non-traditional trademarks.
While jurisdictions like the United States and the European Union have made progress in recognizing marks like sounds, colors, and motions, other countries remain hesitant or impose stricter standards.
For example, China allows sound trademarks but applies strict requirements for proving distinctiveness, while Japan may be less receptive to scent marks. Developing countries or regions with evolving intellectual property frameworks may lack legal provisions for non-traditional trademarks altogether.
To navigate these inconsistencies, businesses must prioritize jurisdictions where their brand presence is strongest or where infringement risks are highest.
Filing in regions with mature legal systems, like the EU or US, first can set a strong precedent. Successful registration in these jurisdictions can often be leveraged when expanding protection to markets with stricter requirements.
Engaging with local trademark attorneys or IP experts in each jurisdiction is invaluable. They can help tailor applications to meet regional requirements and anticipate challenges during examination.
Businesses should also keep an eye on legislative trends. Trademark laws are evolving, and countries are gradually becoming more receptive to non-traditional marks.
Monitoring these changes allows businesses to act swiftly when new opportunities arise for protecting unique trademarks.
Enforcement and Consumer Education
Enforcement remains a challenge even after registration. Non-traditional trademarks are less common, and infringers may exploit the lack of public awareness to misuse or replicate these marks.
For example, consumers may not realize that a unique sound or color is protected, which can lead to unintentional infringement.
To strengthen enforcement, businesses must educate both consumers and the marketplace about their protected marks. Consistent communication through advertising, product packaging, and public relations campaigns will reinforce the mark’s association with the brand.
By increasing awareness, businesses can deter potential infringers and reduce the burden of proving ownership in disputes.
In cases of infringement, businesses must act swiftly and decisively. Sending cease-and-desist notices, initiating opposition proceedings, or pursuing litigation when necessary will demonstrate the company’s commitment to protecting its non-traditional trademarks.
Proactive enforcement also helps maintain the mark’s exclusivity, which is essential for long-term protection.
Steps to Protect Non-Traditional Trademarks in Your Global Portfolio
Successfully protecting non-traditional trademarks on a global scale requires a strategic and systematic approach. Businesses must understand that non-traditional marks are inherently more complex to register and enforce, as they deviate from the norm.
Unlike wordmarks or logos, non-traditional trademarks often demand rigorous evidence of distinctiveness and must overcome practical, legal, and cultural hurdles. However, a thoughtful and consistent strategy can ensure these marks are protected effectively, creating long-term brand differentiation across markets.
Conduct Comprehensive Global Readiness Assessments
Before initiating the trademark application process, businesses should conduct a comprehensive global readiness assessment for their non-traditional marks.
This assessment involves analyzing three critical factors: the mark’s level of distinctiveness, its potential for consumer recognition, and the regulatory environment in key jurisdictions.
Distinctiveness is the linchpin of protection, so businesses must evaluate whether the mark will be perceived as unique by consumers in various regions. A sound, shape, or color that resonates with consumers in one country may lack recognition elsewhere, potentially leading to rejection during examination.
To mitigate this, businesses should conduct region-specific surveys to measure consumer association and recognition. These surveys provide critical evidence that the non-traditional mark acts as a brand identifier and has acquired secondary meaning over time.
Equally important is understanding the legal framework in each target jurisdiction. Laws governing non-traditional trademarks are inconsistent, so businesses must prioritize regions where the mark has the strongest commercial relevance and the greatest likelihood of registration success.
For example, filing first in jurisdictions with mature intellectual property systems—such as the United States, European Union, or Japan—can build momentum and provide leverage when expanding into markets with stricter standards.
Leverage Pilot Filings to Establish Precedent
For businesses looking to protect a non-traditional mark globally, it can be advantageous to file for registration in a pilot market first. This approach helps establish a precedent that can be cited in subsequent filings.
For example, successfully registering a color trademark in the European Union can demonstrate its distinctiveness and validity, making it easier to secure protection in other regions that may be hesitant to accept non-traditional marks.
Pilot filings also allow businesses to identify potential challenges early, such as examiner objections or third-party oppositions. Addressing these challenges during the pilot phase equips businesses with the experience and evidence needed to strengthen subsequent applications.
Moreover, businesses should actively gather evidence during this period, such as customer surveys, media coverage, and marketing campaigns that reinforce consumer recognition of the mark.
This evidence can serve as valuable support when expanding protection to additional jurisdictions.
Document and Amplify Consistent Brand Use
For non-traditional trademarks, consistency is everything. Global protection relies heavily on demonstrating that the mark is consistently associated with your brand across all markets and consumer touchpoints.
Whether it’s a sound, shape, or color, businesses must ensure that the mark is integrated into their global branding strategy in a way that reinforces distinctiveness.
For example, if a specific color is central to your brand identity, it must appear prominently in product packaging, marketing materials, retail spaces, and digital platforms. Likewise, sound marks—such as a signature jingle—must be used consistently in advertisements, app notifications, and other customer interactions.
To amplify brand use and build recognition, businesses should leverage omnichannel marketing campaigns that highlight the non-traditional mark as a core part of their identity.
By ensuring global visibility and exposure, businesses can strengthen the mark’s distinctiveness and create the necessary evidence to secure registration.
Furthermore, businesses should maintain detailed records of their mark’s use, including advertising expenditures, sales data, consumer engagement metrics, and media references.
This documentation serves as compelling evidence of acquired distinctiveness, especially in jurisdictions where proving consumer association is required for registration.
Adapt Non-Traditional Marks to Jurisdictional Requirements
Each jurisdiction applies different standards and rules for non-traditional trademarks, so businesses must tailor their applications to meet local requirements.
For example, the European Union is generally receptive to sound, motion, and multimedia trademarks, but other markets—such as China—apply stricter standards that require extensive evidence of use and consumer recognition.
When filing in stricter jurisdictions, businesses should emphasize the non-functional nature of the mark and provide clear, compelling evidence of distinctiveness.
For shape trademarks, this may involve presenting visual representations from multiple angles to demonstrate the uniqueness of the design. For sound marks, businesses may need to provide both an audio file and a graphical depiction, such as a musical notation.
In some cases, businesses may need to adapt their non-traditional mark to align with local cultural and commercial expectations. For instance, a motion trademark that involves cultural symbolism in one region might require adjustments to ensure acceptance in another.
These adaptations should maintain the core elements of the mark while respecting regional norms and legal standards.
By taking a jurisdiction-specific approach, businesses can overcome regional challenges and maximize the likelihood of successful registration.
Invest in Consumer Education and Public Awareness
Non-traditional trademarks are still relatively unfamiliar to consumers in many markets, which can create obstacles during registration and enforcement.
To address this, businesses must invest in consumer education campaigns that highlight the uniqueness and relevance of the mark. The goal is to ensure that consumers instantly recognize the mark as a symbol of the brand.
For example, businesses can launch targeted marketing campaigns that emphasize their signature sound, color, or shape as an integral part of their identity.
Slogans such as “Listen for our signature sound” or “Look for our distinctive purple packaging” reinforce consumer association and highlight the mark’s significance.
Building public awareness also plays a crucial role in enforcement. When consumers understand that a specific sound or color is protected, they are less likely to confuse it with competitors, reducing the risk of market dilution.
Additionally, heightened awareness strengthens legal arguments when challenging infringements or opposing conflicting applications.
Implement Proactive Monitoring and Enforcement Systems
Securing registration is only part of the process. To protect non-traditional trademarks globally, businesses must monitor markets proactively and enforce their rights consistently.
Non-traditional marks are often at greater risk of misuse or imitation because their novelty may not be widely understood.
Businesses should implement systems to monitor for unauthorized use of their non-traditional marks, whether it’s a competitor mimicking a distinctive product shape or using a similar sound in advertisements.
Leveraging technology—such as artificial intelligence tools—can help businesses detect infringements quickly, especially in digital markets.
When infringements are identified, businesses must take swift action to protect their rights. This may involve sending cease-and-desist letters, filing opposition proceedings, or pursuing litigation if necessary.
Consistent enforcement not only deters future infringements but also helps maintain the mark’s exclusivity and legal validity.
The Importance of Global Harmonization for Non-Traditional Marks
Global harmonization plays a critical role in the success of non-traditional trademarks. Without consistency in laws and standards across jurisdictions, businesses face significant challenges when trying to protect and enforce these marks internationally.
Harmonization ensures that businesses can streamline their trademark strategy, reduce administrative burdens, and build a unified global brand identity.
While traditional trademarks like logos and wordmarks have largely benefited from harmonized systems, the acceptance of non-traditional trademarks—like sounds, colors, shapes, and scents—remains fragmented.
This lack of uniformity creates a bottleneck for businesses, requiring them to adapt strategies to navigate inconsistent regulations. By addressing these barriers strategically, businesses can unlock greater value and achieve global protection for their unique assets.
Bridging Legal and Cultural Inconsistencies
One of the core challenges in protecting non-traditional trademarks globally is the inconsistency between legal frameworks and cultural perceptions. What is considered a valid trademark in one country may not meet the standards of another.
For instance, sound marks such as jingles are widely accepted in regions like the United States and Europe but face skepticism in countries where traditional trademark laws dominate. Similarly, color trademarks may be rejected in regions where colors hold cultural or symbolic significance.
Harmonization can help address these inconsistencies by creating clearer guidelines for assessing distinctiveness, non-functionality, and consumer perception. Businesses can take the initiative by strategically presenting their non-traditional marks in a way that bridges these gaps.
For example, in regions with cultural sensitivities around colors, businesses can tailor their filing to emphasize the mark’s association with the brand rather than its cultural relevance.
Supporting the application with localized evidence—such as market research or consumer surveys—can help overcome potential objections. Similarly, businesses should provide comprehensive explanations of how their marks meet international trademark principles while aligning with local norms.
Understanding cultural differences is key to creating persuasive applications that harmonize global branding objectives with regional legal frameworks. This proactive approach allows businesses to lay the groundwork for broader acceptance of non-traditional marks.
Creating Precedent Through Strategic Initial Filings
Global harmonization is not a uniform process; rather, it builds momentum through precedent. Businesses can take advantage of this by securing protection for their non-traditional marks in jurisdictions where laws are more advanced or receptive.
Successful registration in mature markets such as the European Union, Japan, or Australia creates valuable precedents that can be leveraged elsewhere.
When businesses establish these precedents, they create a ripple effect that can help push for harmonized acceptance. For example, a business that successfully registers a motion trademark in the European Union can use this recognition to argue for its validity in jurisdictions with evolving legal standards.
By providing evidence of approval from harmonized systems, businesses strengthen their applications and increase the likelihood of acceptance globally.
Strategic initial filings should focus on jurisdictions that offer both commercial value and legal credibility. Countries with well-established non-traditional trademark frameworks can serve as springboards for expansion into less developed regions.
This phased approach not only reduces risk but also demonstrates the mark’s global significance over time.
Aligning Internal Brand Strategies With Global Standards
While legal systems work toward harmonization, businesses must take internal steps to align their branding strategies with emerging global standards.
A non-traditional mark—whether it’s a sound, color, or shape—must be presented consistently across all markets to reinforce its distinctiveness. Any misalignment in brand representation can undermine the mark’s strength and weaken its global protection.
Businesses should develop a unified framework for using non-traditional marks, ensuring they are integrated into every aspect of branding, marketing, and product development.
For example, if a company uses a sound mark as part of its identity, that sound should appear uniformly in advertisements, product videos, customer touchpoints, and digital assets. This level of consistency not only strengthens the mark’s distinctiveness but also prepares it for global protection.
By aligning internal strategies with global expectations, businesses create a seamless and recognizable experience for consumers. This unified approach also reinforces the mark’s value when presenting evidence of distinctiveness during registration or enforcement proceedings.
Engaging with Global and Regional IP Organizations
Businesses have a unique opportunity to influence the future of global harmonization by engaging with international and regional intellectual property organizations.
Forums such as the World Intellectual Property Organization (WIPO), national trademark offices, and industry-specific trade bodies provide platforms for businesses to advocate for broader recognition of non-traditional marks.
By participating in discussions, submitting case studies, and collaborating with policymakers, businesses can highlight the growing importance of non-traditional trademarks in modern branding strategies.
They can also advocate for standardized criteria, such as clearer definitions of distinctiveness, non-functionality, and representation requirements.
For example, as digital and multimedia marks gain traction in industries like entertainment, businesses can work with IP offices to establish clearer rules for registering and evaluating these marks.
By contributing to the development of harmonized standards, businesses not only improve the legal landscape for themselves but also pave the way for future innovations in non-traditional trademark protection.
Adapting to Technological and Digital Trends
The rise of digital technology has accelerated the adoption of non-traditional trademarks, particularly multimedia marks, holograms, and motion trademarks. These innovations are pushing trademark offices to modernize their systems and evaluation processes.
For businesses, this represents both an opportunity and a challenge. While the growing recognition of digital trademarks opens new avenues for protection, it also underscores the importance of harmonization in a global, interconnected economy.
Businesses must stay ahead of technological trends by investing in tools that support the creation, representation, and protection of non-traditional marks.
For instance, digital assets like sound or motion trademarks should be accompanied by high-quality representations, such as audio files, videos, or detailed animations. Businesses should also utilize digital platforms to amplify the mark’s exposure, ensuring consumers worldwide associate the mark with the brand.
Monitoring emerging trends in digital trademark regulations allows businesses to act swiftly when new opportunities arise. As technology reshapes the trademark landscape, businesses that anticipate and adapt to these changes will benefit the most.
Future Trends in Non-Traditional Trademarks
The evolution of branding and intellectual property has set the stage for significant growth in non-traditional trademarks.
As businesses look for innovative ways to differentiate their identities in an increasingly crowded global marketplace, non-traditional marks—such as sounds, colors, scents, holograms, and motion marks—are emerging as critical tools for creating multi-dimensional brand experiences.
Coupled with technological advancements and shifting legal landscapes, the future of non-traditional trademarks offers exciting opportunities for businesses to solidify their unique identities while navigating evolving challenges.
Understanding these trends and preparing for them proactively will allow businesses to stay ahead of competitors, leverage new technologies, and secure stronger, more resilient protection globally.
The Rise of Digital and Multimedia Trademarks
The rapid growth of digital platforms and multimedia content is transforming how businesses engage with consumers. Brands are increasingly using animated logos, holographic designs, interactive soundscapes, and multimedia experiences to stand out in digital spaces.
These innovations open up new possibilities for non-traditional trademarks, allowing businesses to register marks that are dynamic and multi-sensory.
For instance, streaming platforms like Netflix and video games often incorporate motion trademarks—animations that appear when users load content. Similarly, multimedia marks that combine sound, visuals, and motion are becoming more prevalent in industries like tech, entertainment, and advertising.
Businesses looking to leverage these trends should start by integrating dynamic branding elements into their digital strategies. Whether it’s a unique loading animation, a branded notification sound, or interactive visuals, these marks should be applied consistently across all customer touchpoints.
To support global protection, businesses must ensure these marks are presented in formats recognized by trademark offices, such as video files, audio recordings, and detailed descriptions.
The increasing use of digital tools for brand engagement also makes these marks easier to track and measure. By gathering data on how consumers respond to multimedia trademarks—such as click-through rates, play counts, and interaction data—businesses can strengthen their case for distinctiveness during trademark applications.
Expanding Recognition of Scent, Taste, and Texture Marks
While scent, taste, and texture marks remain among the most challenging types of non-traditional trademarks to register, their commercial importance is growing.
Industries such as luxury goods, hospitality, food and beverages, and cosmetics are exploring these sensory trademarks as a way to create unique, memorable experiences for customers.
A hotel’s signature scent, for example, can trigger a sense of relaxation and loyalty, while the texture of a product’s packaging can communicate premium quality.
As consumer experiences become increasingly multi-sensory, businesses should prepare for opportunities to register these marks as laws evolve. To achieve this, brands must focus on creating clear and consistent sensory associations tied to their products or services.
For example, a luxury cosmetics brand could integrate a unique velvet-like texture into its product packaging and promotional displays, ensuring customers associate that texture exclusively with the brand.
Businesses must also document extensive evidence to prove the distinctiveness of these marks. Market studies, consumer surveys, and product reviews that highlight the sensory association will play a pivotal role in securing registration.
Forward-thinking businesses should closely monitor jurisdictions leading the way in recognizing sensory marks, such as the European Union and the United States.
By filing early in these regions and creating case law precedents, businesses can prepare for broader global acceptance as trademark frameworks mature.
AI and Technology-Driven Trademark Examination
Artificial intelligence (AI) and machine learning are revolutionizing the way trademark applications are examined.
Trademark offices in jurisdictions such as the United States and the European Union are adopting AI tools to streamline the process, making it faster, more accurate, and capable of handling the complexities of non-traditional marks.
For businesses, this trend presents both opportunities and challenges. On one hand, AI-driven examination systems are better equipped to assess dynamic and multimedia marks, such as sound waves, holograms, or motion files, which traditional systems might struggle to process.
On the other hand, businesses must ensure their filings are technically precise and adhere to new examination standards enforced by AI systems.
For example, a business applying for a sound mark must provide high-quality audio files and clear visual depictions (such as soundwave graphs) to ensure compatibility with AI-powered examination systems. Failure to meet these technical requirements may lead to delays or rejection.
To prepare for this shift, businesses should invest in advanced tools that allow them to create standardized, high-resolution representations of their non-traditional marks.
Partnering with legal experts who understand AI-driven trademark systems will also help ensure filings meet the evolving technical and procedural requirements.
The Role of Metaverse and Virtual Environments
The emergence of the metaverse and virtual reality environments is creating new frontiers for non-traditional trademarks.
As businesses expand their presence in these digital spaces, non-traditional marks—such as motion logos, sound effects, and holographic visuals—are becoming essential elements of virtual brand identity.
For instance, businesses operating in the metaverse may create interactive holographic product displays or signature ambient sounds that enhance user experiences.
These marks must be protected as valuable assets, particularly as the metaverse becomes a primary platform for commerce, entertainment, and branding.
To capitalize on this trend, businesses should start experimenting with non-traditional marks tailored for virtual environments. Unique sound effects, branded 3D designs, or motion-based visuals that users interact with in the metaverse can be developed and consistently deployed across digital platforms.
Businesses must also ensure these marks are protected under current trademark laws by filing them in jurisdictions where digital and multimedia marks are already recognized.
Staying ahead of virtual and metaverse trends will allow businesses to future-proof their non-traditional trademarks, ensuring they retain value as digital experiences continue to grow.
Global Pressure for Harmonized Non-Traditional Trademark Standards
With non-traditional marks becoming central to branding, there is growing pressure for international harmonization of laws governing their protection.
Organizations like the World Intellectual Property Organization (WIPO) and regional authorities such as the European Union Intellectual Property Office (EUIPO) are actively pushing for clearer, unified standards that accommodate emerging forms of trademarks.
Businesses should closely monitor these developments and be ready to act as regulations evolve. For example, proposed updates to the Madrid System may make it easier to file non-traditional marks globally through a single application.
Businesses should take advantage of these systems as they become available, streamlining their filings and ensuring their non-traditional trademarks are protected efficiently.
Additionally, businesses can play an active role in supporting harmonization efforts. By participating in IP advocacy initiatives, contributing case studies, and collaborating with industry trade organizations, businesses can help shape the future landscape of non-traditional trademark protection.
wrapping it up
The protection of non-traditional trademarks in a global portfolio is no longer optional for businesses aiming to stand out in today’s competitive landscape—it is a strategic necessity.
These marks, whether they are sounds, colors, shapes, motions, or sensory elements, offer brands a unique opportunity to build deeper emotional connections and lasting consumer recognition. However, their unconventional nature demands a proactive, consistent, and highly strategic approach.
