The New Challenge for Companies: How to Protect Non-Traditional Trademarks

Jan 22, 2016

In a globalized and competitive world, large companies and their advertising agencies face the challenge of capturing the consumer’s attention beyond traditional visual advertising. They engage all five senses to distinguish between different brands in the market. These trademarks include sound, animation, tactile, gestures, position, holographs, movement, and smell, among others. 

Thanks to the success of this new publicity strategy, protecting non-traditional trademarks has increased in importance, particularly in regards to defending and positioning them in the market.

This trend can be seen here in Colombia. Recently, businessmen have expressed serious interest in registering this kind of trademark, identifying their products and markets, and distinguishing them, in the consumer’s mind, from other products on the market.  

The most significant challenge that has risen in protecting these brands is complying with the differentiation requirement that Decision #486 of 2000 by the Comunidad Andina mandates. This requirement enables the consumer to identify and distinguish one product from another. Among the non-traditional trademarks already registered here in Colombia, the introductory soundtrack from films produced by Twentieth Century Fox stands out. This sound trademark can be seen in the following sheet music:

 

Thanks to major progress in the advertising industry, protection of non-traditional trademarks is on the rise. The companies involved have the additional challenge of effectively positioning these new brands in the consumers’ minds. Our goal is to help businesses understand the legal requirements to protect a non-traditional trademark, a current issue that is becoming more important in both national and foreign companies.

 

Contact:

Tatiana Carrillo 
tcarrillo@lloredacamacho.com 
 
Cristina Velasco