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  • Writer's pictureCristina Barragán Silva | L.D

Non-traditional brands: Discover what they are and their characteristics


Do you distinguish yourself easily among your competitors? If so, you probably already have your trademark, which is easy to identify and remember among the large number of products and services offered in the market today.


In Mexico, the registration of trademarks already has a long history. It is known that the first trademark registration in Mexico was in the year 1873, and it was to register cigars and cigarettes. A curious fact isn’t it! Since then, the law on the subject has changed constantly until reaching what we know today as the Federal Law for the Protection of Industrial Property, which entered into force on November 5, 2020.


However, since August 10, 2018, it already had significant changes that opened the door to the registration of trademarks other than those we traditionally knew in Mexico, these are called non-traditional trademarks, and they mean an outstanding contribution to distinguish a product or service from the rest of those that existed in the market and the law recognizes them and protects the rights of their owners.


We have been talking about that since 2018, in Mexico, holograms, sounds, smells, commercial images, and certification are recognized as brands.


Holographic Signs:

These are created from holograms and have a three-dimensional appearance; they are used more commonly where plagiarism is expected, such as a banking service, paper money, or identity document since these are more difficult to reproduce.


Sound Brand:

This can be an existing sound or a new one created by a machine or device in a unique way for that product or service. As it is known, music or sounds have an essential effect on our brain; a reason why this type of trademark is increasing.


Scented Brand:

These are trademarks that we identify through smell, as the name indicates, and that serves as a distinctive element to identify a product or service from others that are similar; the only data to consider in this type of brand is that it cannot come from the nature of the product when it comes to one of them.


Commercial Image:

.This type of trademark applies to the image that a particular product or service has among the elements that characterize it, the design, size, color, volume, label, packaging, decoration, as well as any other aspect that distinguishes the product or service from the rest of the market.


Certification Brand:

This type of mark is granted to those individuals or legal entities that distinguish themselves by performing process certification; the processes that can be certified can be for both products and services.


As you can see, there is now a wider range of ways to make your brand unique. If you already have a traditional trademark, this does not prevent you from registering another one that identifies your business; you can use them together or separately, it will undoubtedly help you to take your business to the goal you always wanted.


Now, considering the above elements and their specifications, how do I process my non-traditional trademark registration? In Teran Rojas & Associates, we can help you in this procedure that is so important to distinguish your product or service from the rest in the market.

 

Published on October 10th, 2021.


“In terms of article 89 of the Fiscal Code of the Federation in force, the content of this reproduction, exhibition, presentation, program, or transmission and/or the documents and/or examples used to expose it, may express positions that do not coincide with the criteria of the Mexican tax or judicial authorities. This reproduction or exhibition is not intended and may not be used by any person for the purpose of circumventing (i) a federal, local, or municipal tax, or (ii) the imposition of tax penalties in the United Mexican States.


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