Non-traditional trade marks: a Singapore perspective

Legal context: Many commentators have opined that non-traditional trade markswill play a significant role as dominant branding strategiesof the future. Key points: There has been considerable debate over the suitability andfeasibility of non-traditional trade marks as there have beendifficulties encountered when seeking to register them. Anotherimportant issue that arises relates to the extent to which consumerscan link their five senses to a brand, and whether unconventionalmarks may result in consumer confusion. Practical significance: This article attempts to analyze the pros and cons of non-traditionaltrade marks and evaluate if they are worth pursuing.