The Rise of Non-Traditional Trademarks in Guatemala: Protecting Shapes, Colors, and Sounds

November 26, 2025

Trademarks have long been associated with logos, brand names, and slogans. However, in today’s competitive market, brands are increasingly seeking to protect non-traditional trademarks—distinctive elements such as colors, shapes, sounds, and even scents that identify and differentiate their products or services. These non-traditional marks offer businesses new ways to reinforce brand identity and enhance consumer recognition.

What Are Non-Traditional Trademarks?

Non-traditional trademarks include distinctive features beyond words or conventional logos. Common examples are:

Colors: A specific color scheme associated with a brand (e.g., Tiffany blue)
Shapes: Unique product shapes or packaging designs (e.g., the Coca-Cola bottle)
Sounds: Audio signatures, jingles, or tones that signal the brand
Other sensory marks: Scents or holograms in some jurisdictions

Such trademarks can be particularly valuable in markets where visual differentiation alone is insufficient to create brand recognition.

Legal Framework in Guatemala

Guatemala allows the registration of non-traditional trademarks, provided they meet the standard requirements of distinctiveness and the ability to identify the source of goods or services. While the process is similar to conventional trademarks, applicants must provide clear evidence that the mark is distinctive and capable of being represented graphically, which can be more challenging for colors, sounds, or scents.

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Strategic Benefits for Businesses

Enhanced Brand Recognition: Non-traditional trademarks allow brands to create memorable, multi-sensory experiences that reinforce loyalty and differentiation.
Market Protection: Registering unique shapes, sounds, or colors prevents competitors from adopting similar features, reducing the risk of consumer confusion.
Marketing Leverage: Distinctive marks can be incorporated into campaigns, packaging, and digital assets, strengthening overall brand identity.

Practical Considerations for Registration

Evidence of Use: Demonstrating that the mark has been used consistently in commerce strengthens the application.
Graphical Representation: For sounds, this may involve audio files or musical notation; for colors, precise color codes are required.
Legal Support: Working with IP professionals ensures that applications are properly drafted, avoiding common pitfalls that could delay registration or result in refusals.

Conclusion

As competition grows in Guatemala and across Latin America, non-traditional trademarks are becoming an essential tool for brand protection. Companies that invest in registering and defending these marks gain stronger market positioning, clearer brand identity, and additional layers of legal protection.

At IP Right, we guide clients through the complexities of non-traditional trademark registration and enforcement, helping brands safeguard their distinctive assets while maximizing their strategic value in the marketplace.

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