When it comes to food and beverage products, how good it tastes
is essential for its success. However, this is just the starting
point. How the product is presented to the market is also critical
to its success and businesses make significant investments, both
financially and in time and effort, to ensure their product catches
the consumer's eye.
The shape of the product (think of the iconic McCains potato
smiles), the use of a distinctive colour (like Cadbury's
signature purple), or the adoption of a unique aspect of packaging
may be intrinsically associated with the product for consumers and
act as a badge of origin distinguishing it from other similar
products in the market. Despite the value that non-traditional
trade marks, such as shape, colour, sound, scent or aspects of
packaging may have, these branding elements are often overlooked by
businesses when considering obtaining registrable intellectual
property rights.
