A Complete Guide to the Registration of Non-Traditional Trademarks in Singapore
In today’s competitive market, businesses are increasingly seeking innovative ways to distinguish their products and services from competitors. And while traditional trademarks, such as logos and brand names, have long been the standard, non-traditional trademarks offer unique avenues for brand differentiation. These include shapes, colours, sounds, scents, and more.
In this article, we discuss what such trademarks are, and the process of applying for one.
What Are Non-Traditional Trademarks?
Non-traditional trademarks are signs that do not fall into the conventional categories of letters, words, or logos. They encompass a variety of forms, as given in the table below:
| Trademark Type | Description | Example |
|---|---|---|
| Shape Marks | The unique shape of a product or its packaging. | Iconic Coca-Cola bottle shape |
| Color Marks | Specific colours associated with a brand. | UPS brown packaging |
| Sound Marks | Distinctive sounds that identify the source of goods or services. | Intel jingle |
| Motion Marks | Moving images or animations used in branding. | Netflix opening animation |
| Position Marks | The specific placement of a sign on a product. | Red sole on Christian Louboutin shoes |
| Hologram Marks | Three-dimensional images that change appearance when viewed from different angles. | Security holograms on credit cards |
| Texture Marks | The tactile feel of a product or its packaging. | Embossed luxury chocolate packaging |
| Scent Marks | Specific smells associated with a product. | Victoria’s Secret perfume scent |
| Taste Marks | Unique tastes that distinguish a product. | Signature Coca-Cola flavour |
Legal Framework in Singapore
Under the Trade Marks Act, a trademark must be capable of distinguishing the goods or services of one enterprise from those of other enterprises. For non-traditional trademarks, this requirement is assessed based on the mark’s ability to function as a source identifier.
Distinctiveness
For a non-traditional trademark to be registrable, it must be distinctive. This means that the mark must be capable of identifying the goods or services as originating from a particular source. The distinctiveness of non-traditional marks is often assessed through:
- Inherent Distinctiveness: Whether the mark is inherently capable of distinguishing the goods or services.
- Acquired Distinctiveness: Whether the mark has become distinctive through its use in the market.
Representation Requirements
Non-traditional trademarks must be represented in a manner that is clear, precise, self-contained, and objective.
This ensures that the mark can be accurately reproduced in the trademark register and understood by the public.
Challenges in Registration
Registering non-traditional trademarks presents unique challenges:
- Demonstrating Distinctiveness: Applicants must provide evidence that the mark is distinctive and serves as a source identifier.
- Subjectivity: The assessment of distinctiveness can be subjective, varying based on the nature of the mark and the market context.
- Evidentiary Requirements: Gathering and presenting evidence to support claims of distinctiveness can be complex and resource-intensive.
What is the Process of Registering for a Non-Traditional Trademark?
The process of registering a non-traditional trademark is similar to that of traditional trademarks, but with additional requirements to ensure the mark is clearly represented and distinctive.
For a detailed overview of the complete registration process, please refer to our article on how to register a trademark in Singapore.
Conclusion
The registration of non-traditional trademarks offers businesses an opportunity to protect unique aspects of their branding. However, the process requires careful consideration of distinctiveness and the ability to represent the mark appropriately.
