When you hear the Intel chime, see the Netflix “ta-dum” animation, or recognise a brand’s unique motion logo such as the Toyota jump, you’re witnessing the power of non-traditional trade marks.
As brands evolve beyond static logos and words, sound and motion trade marks are becoming a crucial part of modern brand identity.
What Are Non-Traditional Trade Marks?
Traditionally, trade marks protected words, logos, and slogans. Today, businesses are increasingly registering sounds, motions, holograms, and even scents to stand out in a competitive market.
In Australia, these can be registered with IP Australia, provided they are distinctive and capable of distinguishing your goods or services from others.
Examples include:
- Sound trade marks: The MGM lion’s roar, McDonald’s “I’m lovin’ it” jingle.
- Motion trade marks: The Toyota jumping sequence.
Why These Marks Matter
Non-traditional marks create emotional and sensory connections with consumers, boosting brand recall and loyalty. For instance, a short jingle can trigger instant brand recognition long before a logo appears on screen.
These elements can be powerful intellectual property assets but they’re also challenging to register and enforce. IP Australia requires clear representations (like sound files or video clips) and may request evidence of acquired distinctiveness.
The Challenges of Registering Sound and Motion Marks
Some of the hurdles include:
- Demonstrating distinctiveness – proving your sound or motion isn’t purely functional or commonplace.
- Providing accurate representations – sound must be submitted as an audio file, and motion as a video or series of stills.
- Overcoming examiner objections – some marks may be rejected for being too descriptive or generic.
A Trade Mark Lawyer can help ensure your application meets IP Australia’s standards and maximises protection.
How to Build a Strong Non-Traditional Trade Mark Strategy
- Start with a distinctive concept – Avoid common sounds or visual effects.
- Document use and recognition – Consumer evidence can strengthen your application.
- Monitor and enforce – Watch for competitors mimicking your sensory marks.
BrandU Legal’s Expertise
At BrandU Legal, we’ve helped Australian brands secure non-traditional trade marks that safeguard unique brand experiences — from sound identities to animated motion logos.
We ensure your mark is properly represented, distinctive, and protected across all markets.