Posts Tagged ‘non-traditional trademarks’

I can’t think of another brand with more than two iconic trademarks. Coca-cola has three!

  • The bottle shape
  • The cursive Coca-Cola script
  • The ribbon that goes under the script and now stands alone on some bottling.

A recent Wired article notes that Coca-Cola’s Beautiful New Logo Is No Logo at All. And they are right. A simple swirling ribbon stripe is all that a can of soda needs to tell you who made it.

Image from WIRED at

In this age where  brands generally try to create louder and louder marketing, a few iconic brands have the luxury of going in the opposite direction — sleek and simple. Coke is at or near the top of that list.

The Coke ribbon is a registered trademark with the USPTO, of course (click marks for USPTO records):

  • Trademark image– registered for soft drinks
  • Mark Image– registered since 1928 for beverages
  • Trademark image– registered since 1960

Earlier this week I wrote about a host of new Apple Watch related trademark filings from Apple, including TAPTIC ENGINE.  The New York Times reviewed the watch this week and I was quite intrigued by this statement: “The Apple Watch’s most ingenious feature is its “taptic engine,” which alerts you to different digital notifications by silently tapping out one of several distinct patterns on your wrist.”

The author, Farhad Manjoo, went on to explain how this works in more detail:

“As you learn the taps over time, you will begin to register some of them almost subconsciously: incoming phone calls and alarms feel throbbing and insistent, a text feels like a gentle massage from a friendly bumblebee, and a coming calendar appointment is like the persistent pluck of a harp. After a few days, I began to get snippets of information from the digital world without having to look at the screen — or, if I had to look, I glanced for a few seconds rather than minutes.”

Could the sensation of the tapping patterns themselves function as trademarks? It is possible that other watches could use vibrations (assuming there are no patent issues). But if Apple’s sensation for, let’s say, receiving a new email, be unique enough to function to the user of the watch to indicate the source (i.e. brand) of the watch and/or software?

“Touch” or texture marks are registrable at the USPTO (for example, the Crown Royal registration for a purple cloth pouch bag, or the expired registration for a leather wrapping around a wine bottle). Sounds can be registered. Trademarks can be three dimensional, whether they are product shapes (Legos for example), or something else. Anything that serves to differentiate the source of the product, even goats on a roof!

Do you think Apple’s Taptic Engine vibration patterns are registrable?  Are they purely functional? Perhaps they can be registered if acquired distinctiveness is shown?

Last month, Apple received three sound mark registrations from the USPTO for sounds made by Siri.

U.S. Trademark Registration No. 4689365 is for “a synthesized bell tone playing a C#5 sixteenth note, followed by another C#5 sixteenth note” for use with computer hardware good in Class 9.

U.S. Trademark Registration No. 4689044 is for the same sound, “a synthesized bell tone playing a C#5 sixteenth note, followed by another C#5 sixteenth note,” but for use with computer services. I believe this is the sound Siri makes when activated or turned on.

U.S. Trademark Registration No. 4689043 is for “a synthesized bell tone playing a G#5 sixteenth note, followed by another G#5 sixteenth note.” I believe this is the sound makes at the end of a receiving voice request.

For more on the Siri sounds, see “The iPhone’s UI Sounds” from Beyond the Beep.

Apple also owns a registration for the sound of “a synthesizer playing a slightly flat, by approximately 30 cents, G flat/F sharp major chord” in Registration No. 4257783. That is the sound made when an Apple computer is turned on.

Other nontraditional Apple trademarks include the design of an Apple Store, charger icon, the shape of the iPhone, the shape of the iMac, the shape of a mouse, and more.


image from

Trademark Registration 4641345, is a sound mark for a commercial jingle. It was issued to Nationwide insurance in November of 2014, and consists of “a vocalist singing the words, “NATIONWIDE IS ON YOUR SIDE” accompanied by the seven musical notes. E, G, G, G, A, C, C. In the first measure, vocalist sings “NA” [E5 Eighth Note] “TION” [G4 Eighth Note] “WIDE” [G4 Eighth Note] “IS” [G4 Eighth Note] “ON” [A4 Eighth Note] “YOUR” [C5 Quarter Note] “SIDE” [C5 Eighth Note tied to C5 Dotted Half Note of the second measure] followed by a quarter-note rest.

A recent commercial for Nationwide uses and builds upon the registered jingle brilliantly. Broncos Quarterback Peyton Manning humms the tune, and goes through practice and his routine (ice bath, driving home, eating a meal) using the tune to utter several other phrases… 50 Omaha said ‘hut’…. losing feeling in my toes…. nothing beats that new car smell.  The ad reinforces the jingle. Which makes it even catchier, even more likely to get stuck in your head.

And at the end of ad, Manning does turn on the television to find that a Nationwide ad is playing. And then the original jingle  – Nationwide is on your side – is heard through the TV. Brilliant.

The ad debuted a few weeks ago. According to an article in the Denver Business Journal, “From a paid-media perspective, it’s one of our single most effective ads ever,” [senior vice president for brand marketing Jennifer Hanley said. “From a social-media perspective, ‘Jingle’ is by far the most talked about ads in the history of Nationwide.” No wonder. The ad is fun and catchy. And uses a nontraditional trademark in a very effective manner.

Article: Peyton Manning Sings About Losing Feeling in His Toes (Denver Post)

© 2015 Erik M. Pelton & Associates, PLLC. The nontraditional trademark lawyers.®



15 years of Nontraditional trademarks

Posted by ipelton on: January 6th, 2015

As you may know, last month marked my fifteenth year in private practice filing trademark applications for clients. Over that time, I have handled many nontraditional trademarks. I even coined and registered the slogan, The Nontraditional Trademark Lawyers®!

Here are some of the nontraditional registrations obtained on behalf of clients:

  • Trademark imageThe mark consists of the three dimensional configuration of a building featuring a stepped front and a three dimensional package of fries appears on the top step, a three dimensional beverage cup with straw appears on a step below the fries, a three dimensional hot dog appears on a step below the cup, and a three dimensional hamburger appears on the bottom step; the dotted lines in the drawing are not a part of the mark but are intended to show the position of the mark on the building.
  • Trademark imageThe mark consists of a three-dimensional configuration of piece of jewelry in the shape of an infinity symbol and a heart
  • Trademark imagemark used as background on product packaging
  • Trademark imageThe mark consists of the configuration of a lumbar support cushion.
  • Trademark imageThe mark consists of the configuration of a roof; the matter shown in broken lines merely shows the positioning of the mark and no claim is made to it.
  • Trademark imageThe mark consists of the color blue in a horizontal stripe applied to the center of a rectangular license plate
  • Trademark imageThe mark consists of the configuration of a bottle used as a container for tequila and containing a totem with a stylized face on it on the inside of the bottle.
  • Mark ImageThe mark consists of three dimensional gates featuring one large span with the wording “EDEN CENTER” underneath and two small spans on each side.
  • Trademark imageThe mark consists of the non-functional elements of a three-dimensional ice cream cup costume consisting of a hot pink cup with light green spiral designs, a dark pink rectangle near the top of the cup, white and black eyes, a light pink smile, hot pink arms and hands, green legs extending from the bottom of the cup, and a light pink ice cream swirl atop the cup.

In addition, several more nontraditional mark applications filed by our firm are pending.