Non-Traditional Marks

What Is A Non-Traditional Mark?

Traditionally, trademarks consisted of words, logos, or graphic designs applied to goods or packaging. Over time, some jurisdictions have used other elements to identify the source of goods or services. Depending on the jurisdiction, these elements may include trade dress (such as product design, packaging, or configuration), color, scent, sound, taste, touch, and moving images (combining color, sound, and aspects of product design). These are referred to as non-traditional marks.

Our Position

We advocate that non-traditional trademarks may function as trademarks and, therefore, in appropriate circumstances, should be entitled to trademark recognition, registration, and protection.