Article by Therése Davis (Senior Associate) Adams & Adams
A sound mark is one of the non-traditional trade marks. Non-traditional presupposes the existence of traditional trade marks and it is therefore necessary that we consider both non-traditional and traditional trade marks.
Traditional trade marks are everywhere around us and essentially comprise words, images, symbols, shapes and a combination of the above. It is the traditional writing on a packet of biscuits, or your favourite cold drink, or your new laptop.
A non-traditional trade mark is a less obvious way in which to communicate to the consumer what the source of the goods or services are. The common denominator between traditional and non-traditional trade marks is, however, that both are used to function as trade marks and the function of a trade mark is to distinguish the goods or services from the same kind of goods or services emanating from another source.
