Posts Tagged ‘non-traditional trademarks’

KISS: Best band trademark portfolio of all time

Posted by ipelton on: April 9th, 2014

The band KISS will be inducted into the Rock and Roll Hall of Fame this week. Is there any band with a more creative and more complete portfolio of trademarks? I don’t think so.

In my opinion, the Rolling Stones logo is the best rock band logo of all time. But as you will see below, KISS has much more than a great logo. It is great slogans. And makeup which is creatively registered (possibly they were the first makeup configuration registrations in the US) and protect not just live music but a variety of other goods and services that the band profits from. They even sponsor an Arena Football team, the LA KISS!

Here are some of the many KISS trademarks:

  • Trademark image
  • YOU WANTED THE BEST, YOU GOT THE BEST - Entertainment services, namely, live musical performances by a group
  •  Mark Image
  •  - clothing namely, shirts, T-shirts, jackets and caps
  • - clothing namely, shirts, T-shirts, jackets and caps
  •  – clothing namely, shirts, T-shirts, jackets, and caps
  •  – toys, namely action figures, and dolls
  • - Toys, namely action figures, and dolls
  •  - sound recordings featuring music; sound and video recordings featuring music and musical performances


NOTE: Another interesting trademark is the unique shape of the building for the Rock and Roll Hall of Fame + Museum.

Mark Image


Nontraditional trademarks: Hexagon shapes

Posted by ipelton on: March 14th, 2014

Trademarks come in a shapes and colors and designs. Increasingly, nontraditional trademarks do too.

The USPTO TESS database is a treasure trove of data, and you can find trademarks sharing any common element with proper searching. I decided to look up nontraditional marks with hexagon shapes in them. There are quite a few, some of which I have posted below. These are an excellent cross-section of the types of nontraditional marks that are increasingly popular today — product configurations, product patterns, packaging background designs, sign shapes, and more.

I stumbled upon the following nontraditional hexagon trademarks [click images for USPTO records]:

  • Trademark image - registered for ‘toy vehicles; collectible toy spaceships’ [Description: The mark consists of a three-dimensional configuration of a spaceship toy with two hexagon shaped wings emanating from the fuselage.]
  • Trademark image- pending application for Beverages, namely, carbonated soft drinks  [Description: The mark consists of two concentric hexagons separated by a space centered vertically between two half hexagons all on a background pattern of repeating hexagons.]
  • Trademark image- registered for hotel services [Description: The mark consists of a three-dimensional configuration of a hexagonal sign.]
  • Trademark image- registered for anti-viral pharmaceutical products [Description: The mark consists of a configuration of the goods in a hexagonal-shaped, three-dimensional tablet design consisting of two 'short' sides of approximately equal length, two 'medium' sides of approximately equal length, and two 'long' sides of approximately equal length, where the 'top' surface of the tablet is tapered around its circumference to the 'side' surfaces of the tablet, and the 'bottom' surface of the tablet and the 'side' surfaces of the tablet meet at approximately a 90 degree angle with only a slightly rounded edge]
  • Trademark image- registered for shoes [Description: The mark consists of a repeating pattern of hexagonal shapes printed or stitched on the inner lining of shoe uppers. The matter shown in broken or dotted lines is not part of the mark and serves only to show the position or placement of the mark on the goods.]
  • Trademark image- pending application for Audio speakers, audio amplifiers, and audio receivers for use with telephones, mobile phones, cellular phones, MP3 players, portable and handheld digital electronic devices, and computers [Description: The mark consists of a three-dimensional design of a speaker featuring a pattern of reoccurring hexagons across the speaker's surface.]
  • Trademark image - pending application for “Bags, namely, handbags, purses, cross body bags, clutches, all-purpose carrying bags, tote bags; footwear and shoes” [Description: The mark consists of a hexagonal pattern where the widest column of hexagons is in the center and the flanking columns of hexagons gradually get smaller. The smallest column of hexagons repeats, and does not continue to get smaller.]
  • Trademark image- pending application for Jewellery [Description: The mark consists of a three-dimensional configuration of the goods comprised of a hexagonal ring with rounded corners and MONTBLANC inscribed inside the ring.]
  • Trademark image- pending application for air hose [Description: The mark consists of ornamental hexagonal package design for air hose.]
  • Trademark image - pending application for “A bed for cats” [Description: The mark consists of a three-dimensional configuration of a hexagonal ball-shaped cat bed, with a large hole on one side and a small hole on the other side.]
  • Trademark image- pending application for “Physical conditioning training apparatus, namely, apparatus for exercising physical reaction and coordination; physical conditioning sports training apparatus, namely, non-spherical inflatable objects of unique geometric shapes for exercising physical reaction and coordination; exercise equipment, namely, inflatable balls; exercise balls” [Description: The mark consists of a three-dimensional configuration of a pyramid shaped ball-like structure that is dimensionally non-spherical. The structure is formed in a multiplicity of connected hexagonal and pentagonal patches.]

Nontraditional trademarks: Holograms

Posted by ipelton on: March 3rd, 2014

Did you know that holograms can function as trademarks?

Anything that indicates the source of goods or services is capable of being a trademark. Like the hologram at the bottom right corner of this hockey trading card from Upper Deck.

I found the following hologram marks among those registered with the USPTO [click images for USPTO records]:

  •  Mark Image - computer network services, namely, authentication services using holographic overlays, holograms and three dimensional (3-D) markings for electronic documents, e-mail, webpages and websites [Description: The mark consists of gray and silver numbers "0" and "1" to form a geometric rectangular shape with gray and silver letters "A U T H", the overall mark impression is a holographic hologram. The color white represents the background.]
  • Trademark image- Trading cards [Description: The mark consists of a hologram in a miscellaneous shape comprising the outline of a rectangle imposed on a diamond geometric shape, the design element in the party's Upper Deck logo. The content of the hologram is not claimed as a feature of the mark.]
  • Mark Image - Purses; Handbags; Backpacks; Rucksacks; School bags; Briefcases; Suitcases; Fur; Clothing for domestic pets; Umbrellas [Description: The mark consists of hexagonal or beehive main patterns with occasional six-pointed stars spread in an alternate mode. Other six-pointed small stars are placed within the occasional stars. Each nodal point of the patterns is thick-dotted. Another set of hexagonal or beehive shade patterns are spread in multi-lined hatching mode and overlapped in contract to the main patterns. The shade patterns are crossed over with the main patterns such that the main patterns also forms cubic hologram images]
  • Trademark image - Pharmaceutical prescription pads [Description: The mark consists of a shield in the form of a hologram, the wording/letters appear from left to right in green, purple, orange, yellow, blue and silver. The background of the shield is in silver.]
  • Trademark image - Charge card and credit card services [Description: The mark consists in part of a hologram image in the center of the mark.]



Posted by ipelton on: February 21st, 2014

Nontraditional trademarks are source indicating things that are not words or designs, such as sounds, colors, shapes, mascots, uniforms, packaging, and more.

Nontraditional lawyers are different from traditional law firms. They use technology to provide more efficient services – the internet for research, email for communication, networks for document storage, and online systems for filing. They charge flat fees where possible. They are smaller and nimble. They publish blogs, create apps, and use social media. They understand apps and social media. They build proprietary software for managing dockets and deadlines.

EMP&A is the opposite of a big, dark-paneled, austere law firm. We believe in treating our clients the way they would like to be treated, with personal, efficient and flat fee services.  Our goal is make every step of the process easier and more effective for clients – no matter what the case entails. We are leaders in providing trademark legal services, because of our:

• Person-to-person service

• Flat fees

• Insider experience at USPTO

• Use of technology

• Easy access to the USPTO

• Involvement in industry associations keeping us abreast of current issues

And we have a great deal of experience protecting ‘nontraditional’ trademarks, like the following (click for USPTO records):

  • Trademark image
  •  Mark Image
  • Trademark image
  • Trademark image
  • Trademark image(product label background)

Of course, I filed to register our new slogan, The nontraditional trademark lawyers, with the USPTO last month!

- Erik Pelton®

  Erik M. Pelton & Associates, PLLC®

  The nontraditional trademark lawyers.™

In November, in a post called Ten “non-traditional” trademarks that should be registered… but aren’t I listed some sound, uniform, and configuration marks that I believe are well known and worth protecting. Three months later, at least two of the marks I identified are now pending applications:

  •  Trademark image- Progressive’s Flo configuration [The mark consists of a three-dimensional configuration of a female wearing the following accessories, each of which is claimed as a part of the mark: bump hairstyle, blue headband, red lipstick, white polo shirt, white pants, blue athletic shoes, brown watchband with watch, white apron showing the word "Progressive", white button showing the words "I [heart design] insurance”, name tag showing the word “Flo.” The dotted outline of the female’s facial features is not part of the mark.]  HT to @TimberlakeLaw for the filing info!
  • The Old Spice whistle sound from its television commercials [The mark consists of a whistled tune.]

I’m sure it is just a coincidence. Because no one reads this blog (except you)!