Non-Traditional Marks Singapore Treaty Enters Into Force

In today's consumer society, the technical features of products and services are becoming increasingly similar and, thus, easily substitutable. A brand that adds emotion to the product or service on offer will often influence purchasing decisions. Getting potential customers acquainted with the idea that a specific color, shape, sound, moving image, taste or smell, stands for a given brand requires heavy investment in marketing and communication. Trademark registration of these "new" or "non-traditional" marks - securing exclusive rights over these brands - enables businesses to make strategic decisions concerning the use of such signs and the development of brands.

The overwhelming majority of trademarks for which registration is sought are made up of either one or several words - so-called word marks - or a drawing, picture or image - so-called figurative marks. But modern trademark law is open to other subject matter being used and protected as trademarks, provided that certain conditions are met. This development simply takes account of the fact that signs, which can be used in commerce to distinguish goods and services, are not necessarily limited to words or images. Three-dimensional (3D) designs, such as the shape of goods or their packaging, colors per se, moving images, or specific sounds or smells, are being increasingly used in marketing to individualize goods or services. And WIPO has been responsive to these developments.

Singapore Treaty

In March 2006, a diplomatic conference in Singapore, which brought together 147 WIPO Member States, adopted the Singapore Treaty on the Law of Trademarks. Without necessarily creating an international obligation for the registration and protection of those non-traditional marks, the Treaty sets out a multilateral framework for the definition of criteria concerning the reproduction of hologram, motion, color and...