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Trademarks that are Difficult to Register

Trademarks are essential in any business, and getting them registered is half the battle won when you are starting a new company or label. But some trademarks can be notoriously difficult to register. These are called “Non-traditional Trademarks” or “Non-conventional Trademarks”.

With the market getting hotter every minute, you need every distinguishable factor to work in your favor, and creating a trademark that registers in people’s memory can be key. But you do need to know if the ‘unique’ trademark you have created falls under a non-conventional category, and what to do if it does. See Trade show display

Understanding non-traditional trademarks

Conventionally a trademark is thought to be made up of elements like letters, words, symbols, and numerals. Of late however, many new elements have also been brought under the purview of this umbrella term. Sounds (known as aural trademarks), moving pictures or holograms (known as animated trademarks), 3-D imaging (known as shape trademarks or 3-D trademarks), colors, scent (known as olfactory trademarks), taste, smell, and even packaging can now be registered as trademarks of a company.

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In the United Kingdom, for instance, only the British Petroleum company is allowed to use the color green to mark petrol stations. Mars Australia recently tried to trademark the color purple for their brand of cat food called Whiskas. McCain, the biggest brand of frozen foods in Australia has an aural trademark – a jingle that comes along with all its ads and has now become synonymous with the brand.

Do you have problems with your business trademarks? Consult Australian Patent attorneys.

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