What is a non-traditional mark?
Traditionally, trademarks consisted of words, logos or graphic designs applied to goods or packaging.
Over time, other elements have been used to identify the source of a good or service. Such “non-traditional" marks may consist of:
- product designs or configurations (also referred to as Trade Dress)
In addition, rights in moving images—dubbed motion marks, which can combine colors, sounds and aspects of product designs—can be considered non-traditional marks.
Jurisdictions around the world are increasingly providing some form of protection to non-traditional marks. Among the most commonly protected marks are product designs, packaging and product configuration, collectively referred to as “trade dress."
INTA advocates that non-traditional trademarks may function as trademarks and, therefore, in appropriate circumstances should be entitled to trademark recognition, registration and protection.