Trademark protection is no longer limited to names, logos, or traditional symbols. Today, companies can register sensory and three-dimensional elements that form part of the consumer experience. These are known as non-traditional trademarks, a category that is gaining traction in Central America and opening competitive opportunities for businesses that move early.
What are non-traditional trademarks?
They are signs that depart from the classic concept of a trademark and use shapes, sounds, colors, movements, or even scents to identify products or services. The most common include:
- Three-dimensional trademarks (product or packaging shapes).
- Sound trademarks.
- Motion or holographic trademarks.
These trademarks seek to protect elements that already form part of a company’s commercial identity but are often not formally protected.
Why are they strategic for your business?
Because they allow you to safeguard sensory experiences that competitors cannot easily replicate. For example:
- The distinctive sound of your app.
- The unique shape of a premium product package.
Registering these elements strengthens brand differentiation, reinforces market positioning, and increases the value of your intangible assets.
Not everything “distinctive” is registrable: the challenge of distinctiveness
For registration purposes, trademark authorities require that the mark not be functional or generic. For example:
- A shape that is necessary for the product to function cannot be registered.
- A melodic sound that is widely used in a specific industry to identify that type of product.
This is where most rejections occur, making prior analysis essential.
Be prepared for a more technical process
Unlike traditional trademarks, non-traditional trademarks often require technical and use-based evidence, such as:
- Sonograms for sound trademarks.
- Videos for motion trademarks.
- Chemical descriptions or samples for scent trademarks.
- Consumer perception studies.
Proper preparation increases the likelihood of success and helps avoid delays.
Central America: an evolving landscape
The region is making progress in recognizing these types of trademarks, but not all countries apply the same standards or level of acceptance.
This requires a jurisdiction-by-jurisdiction strategy, particularly for scent or holographic trademarks, which still face greater resistance before some intellectual property offices.
Non-traditional trademarks represent an opportunity for companies to protect unique elements that already influence their customers’ purchasing decisions. In a crowded market, legally protecting these elements can become a decisive competitive advantage.
If you would like to assess whether any element of your business may be registered as a non-traditional trademark, our team can assist you with the analysis and the design of the appropriate country-specific strategy.
