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.®



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