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ARTICLE · 21 MARCH 2015

Registering non-traditional trade marks

Madderns
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Trade mark owners try to register creative non-traditional trade marks, such as shapes, colours, sounds and even scents.

AustraliaIntellectual Property
Louise Emmett
Louise Emmett
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The world of trade marks has come a long way since Australian Trade Mark Registration No. 1 was filed back in 1906. This registration, which is still in force today, covers chemical substances in class 5 and is for the following "traditional" style logo mark incorporating the words "PEPS for COUGHS COLDS & BRONCHITIS" (as shown above).

Over one hundred years later, trade mark owners are increasingly seeking to register creative "non-traditional" trade marks such as shapes, colours, sounds and even scents. There are now hundreds of shape and colour trade mark registrations in Australia and, at the time of writing, 50 sound registrations and one scent registration. Examples of these types of marks include:

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