The registration of non-traditional trademarks from a British perspective

Abstract

One of the main goals of the registration process is to specify which signs are protected in which commercial domains. This reduces the likelihood of disputes and provides trademark owners with greater certainty [1]. With the continuous development of marketing tactics, unique scents, shapes, colours, and even smells associated with products are increasingly used in marketing campaigns to distinctively represent products. This reality has sparked many debates on what could be considered a trademark and the development path for the registration system. From a doctrinal viewpoint in the United Kingdom (UK), this paper delves into the issues facing different types of non-traditional marks, including smell marks, sound marks, colour marks, and taste marks, by examining the relevant legal provisions and related cases for each type of mark. In conclusion, although the allowances for the registration of such trademarks can be problematic, mainly due to the requirements for representation and distinctiveness, there is hope that non-traditional marks could be accepted in the near future. This is due to contemporary developments in methods of representation, such as the internationally recognised Pantone colour system, and recent changes to the representation requirement brought about by the EU Directive 2015/2436.