Non-Traditional Trademarks to Improve Brand Protection and Enforcement in Peru and Other Andean Community Countries by Adriana Barrera

In the Women’s IP World Annual 2025, Adriana Barrera, Founder and Managing Partner at BARLAW – Barrera & Asociados, Peru, offers a detailed look into how non-traditional trademarks ranging from shapes and sounds to textures and motion are reshaping brand protection in Peru and other Andean Community countries.

The Rise of Non-Traditional Trademarks

As brands seek new ways to connect with evolving consumer tastes, traditional trademarks are no longer enough. Adriana highlights how elements such as 3-D shapes, colour combinations, sounds, smells, and even textures can serve as legally protectable trademarks provided they meet key distinctiveness and graphic representation requirements.

Navigating the Legal Framework in the Andean Community

Although neither Peru nor the broader Andean Community explicitly classifies trademarks as “traditional” or “non-traditional,” legislation under Decision 486 allows broad protection for any distinctive sign. Adriana explains how this inclusive legal approach has enabled rights holders to protect everything from iconic packaging to sensory experiences. Real-World Examples of Registered Non-Traditional Marks

Adriana provides compelling examples from Peru’s trademark register, including well-known brands like Lego, Ferrero, Gucci, Kipling, and Chanel, that illustrate the growing acceptance and enforcement of non-traditional marks across various industries.

She also breaks down the registration process for 3-D marks and discusses how motion marks, colour codes (e.g., Pantone), and sound identifiers are handled under Peruvian law.

The Ongoing Challenge of Distinctiveness

Despite this progress, non-traditional marks often face nullity claims from third parties arguing lack of distinctiveness or alleged monopolisation of generic shapes. Adriana explains how brand owners must prepare robust evidence such as global registrations, consumer surveys, and advertising history to defend their rights.

Conclusion

In an era where product design, packaging, and sensory branding are just as powerful as names and logos, non-traditional trademarks are essential tools for IP owners. Adriana’s article urges brand owners to stay one step ahead of infringers and creatively expand their IP strategies to remain competitive in a crowded global marketplace.

Read the full article in Women’s IP World Annual 2025, essential reading for legal professionals, brand owners, and IP practitioners exploring how non-traditional trademarks can strengthen brand protection and enforcement strategies across the Andean Community and beyond.

READ THE FULL ARTICLE NOW!