Traditional trademarks — brand names, logos, slogans — have been the backbone of brand protection in India for decades. But a clear shift is underway: increasing recognition and registration of non-traditional trademarks (such as sounds, colours, shapes, motion marks) is happening. Understanding this change is crucial for businesses in Ludhiana and beyond who want to stay ahead of the curve.
At Corpmate, we’re seeing more clients ask: “Can I trademark a sound? A colour combination? The shape of my packaging?” In this blog we’ll unpack the rise of non-traditional trademarks in India, why they matter, and how you should approach them.
What are Non-Traditional Trademarks?
Non-traditional trademarks are marks that go beyond the usual word-mark or logo. Examples include:
- A distinct sound (jingle) used with a brand
- A colour or colour combination as a mark
- A unique shape of product/package
- A motion mark (moving image or animation)
- Tactile marks (less common)
These marks help brands stand out in a digital, experience-driven world where visual + sensory cues matter.
Why They’re Gaining Momentum?
- India’s brand protection ecosystem is growing rapidly: India recorded more than 5.4 lakh trademark filings in 2024.
- With digital media, brand identity is more than just a logo: sound/colour cues play big roles in recall.
- Courts and regulators are increasingly recognising non-traditional marks. Research shows this trend is expected to rise.
- For businesses in Ludhiana, especially in competitive sectors (textiles, manufacturing, exports), distinctive sensory marks can provide extra protection.
Legal & Practical Considerations
While non-traditional trademarks offer exciting opportunities, they also come with challenges:
- Distinctiveness: The mark must clearly distinguish goods/services from others. For example, a colour mark must have acquired distinctiveness.
- Representation: For shapes/motions/sounds, how you represent the mark in filing matters.
- Use and evidence: You often need to show actual commercial use, e.g., audio playing in market, or packaging use for shapes.
- Class and scope: The goods/services class must match the mark’s usage.
- Risk of objection: Non-traditional marks are more likely to face objections due to being “descriptive” or lacking distinctiveness.
At Corpmate we help you assess whether your sound, colour, shape qualifies and guide you on evidence collection, drafting, filing.
How to Leverage for Your Brand?
- Audit your brand identity: Do you use a unique colour combo, jingle, or packaging shape? Consider filing.
- Conduct a full search: For non-traditional marks you’ll need more extensive search (including sound/shape databases).
- Select the right class(es): If your colour is used across multiple product lines, file in all relevant classes.
- Prepare evidence of use: Screenshots, audio prints, images, packaging samples.
- Consult experts early: Engaging consultants like Corpmate from the start helps reduce risk of rejection.
Why Choose Corpmate in Ludhiana?
- Local expertise — we understand Ludhiana business context (textiles, manufacturing, exports)
- Experience in filing both traditional and non-traditional trademarks
- Transparent pricing and step-by-step support
- Post-registration monitoring to enforce your non-traditional mark
Conclusion
If you’re thinking beyond a logo and want your brand to engage on sensory levels, non-traditional trademarks are your next frontier. India is primed for it, and by acting now you’ll gain a competitive advantage.
For businesses in Ludhiana, reach out to Corpmate today to explore how non-traditional trademark protection can work for you.