The week, I have written about a variety of non-traditional trademarks: sound, makeup, costumes/uniforms, and color (see tomorrow’s posting). Previously, I have written about lighting display trademarks (Non-traditional trademarks: Lighting displays), Boise State’s blue turf field trademark, as well as Marching ducks, goats on a roof, sound of a Lightsaber, and other unusual trademarks and other Examples of non-traditional trademarks: scents, textures, uniforms, and more.

You might say I’m obsessed with non-traditional trademarks and you are probably correct. They fascinate me because they demonstrate the core quality of any trademark — to indicate the source of a product or service. 

As brands become more valuable and increasingly interactive, and businesses must do more to create value and to stand apart from their competition, I believe that the future of non-traditional trademarks is very promising.

Here are some other non-traditional trademarks, not covered in detail previously [click for USPTO records]:

  • – Transportation of passengers, property, cargo and freight by air; and aircraft chartering services [Description of Mark: The mark consists of a two-dimensional color design incorporating the colors red, dark red, blue, dark blue, light gray and dark gray, in a design which suggests the three-dimensional image of billowing fabric.]
  •  – candy (DOTS®)
  • – air fresheners and other goods
  •  – Clothing, namely, t-shirts, tank tops, vests, underwear, undershirts, underpants, panties, socks and swim wear [Description of Mark: The mark consists of trade dress product packaging in the form of a three dimensional rectangular cigarette box with a flip top opening for the packaging of clothing.]
  • – Restaurant services featuring chocolate beverages [Description of Mark: The mark consists of Three-dimensional representation of a cup and saucer.] 
  •  – casino and other services [Description of Mark: The mark consists of trade dress consisting of a three-dimensional building with concave facade, a curved roofline sweeping up toward the left top corner when viewed from the front and the word “WYNN” in a stylized script in the top left corner. The horizontal lining does not indicate color, but is a feature of the trade dress.]
  • – crayons
  •  – Sculpted fresh fruit, fresh strawberries and chocolate dipped strawberries arrangements in a basket [Description of Mark: The mark consists of the overall bouquet design, including the shaped fruit, the uncut fruit to the extent that it makes up the overall bouquet design, and the basket]
  • – automobiles [Description of Mark: The mark consists of the unique motion in which the door of a vehicle is opened. The doors move parallel to the body of the vehicle but are gradually raised above the vehicle to a parallel position]
  • – Non alcoholic beverages, namely, soft drinks, energy drinks, hypertonic drinks [Description of Mark: The mark consists of a punch out design of a bull as the opening in the configuration of a blue pull tab on the top of a can. The configuration and placement of the pull tab are not claimed as features of the mark]


What are your favorite non-traditional trademarks


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  1. Pingback: Registration of Nontraditional Trademarks | Erik M Pelton & Associates, PLLCErik M Pelton & Associates, PLLC

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