Trademarks

Non-traditional trademarks: smells, sounds and silhouettes can be registered too

Non-traditional trademarks: smells, sounds and silhouettes can be registered too

· Trademarks

Disney’s protection strategy is usually cited for the character. What is interesting, seen from the file, is everything else: the minimalist three-circle silhouette, the atmosphere of the parks, the sounds associated with its productions.

This is not corporate eccentricity. It is full use of a catalog of figures that most companies do not even know exists.

What can constitute a trademark in Mexico

Article 172 of the Industrial Property Law is broader than people assume. A trademark may consist of:

  • Words, letters, numbers, figurative elements and colour combinations.
  • Holograms.
  • Three-dimensional shapes.
  • Sounds.
  • Smells.
  • A plurality of image elements: size, design, colour, arrangement of shape, label, packaging or decoration which, combined, distinguish goods or services.
  • Position, movement and multimedia marks, added by the reform published in the Official Gazette on 3 April 2026.

That last addition is recent and still under-used: it opens the door to protecting, for example, the constant placement of an element on a product, or a brand animation.

The requirement is still distinctiveness

None of these figures is granted for being original. It is granted if the sign distinguishes commercial origin.

Which is why a shape imposed by the nature or function of the product is not registrable, nor one that has become customary. And why an isolated colour is not enough on its own: it needs to be combined with or accompanied by other elements giving it distinctive character.

The other smart move: registering the simplified version

Holding both the full drawing and the reduced silhouette is not redundancy. It is coverage.

A third party copying the schematic version could argue it does not reproduce the registered sign. With both registrations, that defense disappears.

The same logic applies to any business: it is worth protecting the full logo and also the symbol on its own, or whichever version actually appears on social media and packaging.

And class coverage

Content, experiences and physical products belong to different Nice classes. Protecting a mark in only one does not stop another party using it in the rest, by virtue of the principle of speciality.

What to check

  • Did you register only the name, or also the logo and the symbol separately?
  • Is there a container shape, an atmosphere or a sound your customers associate with you?
  • Do your classes cover everything you sell today and plan to sell?

If you want to know which elements of your brand could be protected and are not, write to us: the review is free of charge.

Leer esta publicación en español

Free, no commitment

Find out if your trademark can be registered

Four out of every ten marks that reach us cannot be registered as they stand. Send us the name and we come back with a straight answer on whether it has an obvious problem. No cost, no commitment. Need the full analysis, signed and in writing? That is the registrability opinion: USD 49 per mark and class, credited against your fees if you then file with us.

Prefer to write? Message us on WhatsApp.

Free guide

The 7 costliest mistakes when registering a trademark in Mexico

The seven that cost a business the most, with the legal basis for each. Leave your email and we send it now.

More on Trademarks


Previous Dear fellow lawyer: the diploma on the wall no longer brings in clients Next A personal brand inside the family: trust is not a title deed