Under Section 2 of the TMA 2019, “sign” is elaborated to include the following:

“Any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, colour, sound, scent, hologram, positioning, sequence of motion or any combination thereof.”

It means now you can register not only traditional marks such as letters, words, and names, but also non-traditional marks such as scent, the shape of goods, sound, etc.

(A)  LETTERS, WORDS, NAMES

In this category, trademarks mainly consist of letters, words, and names, aligning with the public perception of what a trademark typically looks like. Examples are:

(B)  DEVICE OR COMBINATION OF WORD AND DEVICE MARKS

Device marks encompass symbols, logos, graphical designs, emblems, or pictorial representations used to distinguish the goods or services of one entity from those of others. Typically, though not necessarily, device marks are combined with words to enhance their distinctiveness. Examples include:

(C)  SOUND MARK

One of the most significant sound marks that will immediately trigger recognition in the public’s mind is Netflix’s ‘Tudum’ or ‘Tadum’ sound when the Netflix title screen appears. Another common sound mark is McDonald’s jingle ‘I’m Lovin’ It,’ which can be heard in the following video:

Video link – https://www.youtube.com/watch?v=JDX0cryX8t0

(D)  COLOUR

Talking about color mark, remember Cadbury’s vibrant purple color in its chocolate packaging? That specific shade of purple (Pantone 2685C) has been registered as Cadbury’s color mark:

(E)  SHAPE OF GOODS

A good illustration for shape of goods which is capable of being registered as a trademark is another type of chocolate named “TOBLERONE”. The Toblerone bar is famous for its interlocking triangular prisms. Indeed, this unique shape, safeguarded as a trademark, has played a crucial role in setting Toblerone apart in the confectionery market:

(F)  SCENT MARK

A scent can indeed be registered under the TMA 2019, but this extends beyond the perfumery industry. Recall the nostalgic scent of “Play-Doh” from your childhood. Described as sweet, slightly musky, with vanilla-like notes and subtle hints of cherry, reminiscent of the natural aroma of salted, wheat-based dough.

You got it! Play-Doh has indeed registered its scent as a scent mark in the United States of America.

(G)  HOLOGRAM

A hologram trademark is a unique type of trademark that utilizes holographic technology to create a distinctive visual representation of a brand or product. Unlike traditional two-dimensional trademarks, hologram trademarks employ three-dimensional holographic images that appear to have depth and movement when viewed from different angles. Example of a hologram trademark:

(H)  POSITIONING

A positioning trademark is a type of trademark that emphasizes the specific placement or arrangement of elements within a product or its packaging. Rather than focusing solely on visual symbols or textual elements, positioning trademarks highlight the strategic positioning of certain features or components as a distinctive identifier of the brand or product. A classic example of positioning mark is “ADIDAS” three stripes:

(I)  SEQUENCE OF MOTION

A sequence of motion mark is a type of trademark that captures a specific series of movements or actions associated with a brand or product. This is unlike traditional static trademarks, which rely on fixed images or symbols. A Lamborghini’s vertically opening scissor doors is an example of a physical motion mark.