Recent interesting non-traditional trademark filings

Many very interesting non-traditional trademarks have been filed recently. From Gene Simmon’s “axe” bass guitar to Budweiser beer can designs to motion marks to a restaurant trade dress evoking a Mexican wrestling theme to the steeples of Churchill Downs, the range of non-traditional marks is widening in general, and the number of such filings is surely on the rise.

For example, here are some recent filings [click images for USPTO records]:

• The mark consists of the uniquely shaped three dimensional configuration for a bass guitar in the shape of an axe.
• The mark consists of a motion mark. The mark consists of a dog paw pressing an imprint of the paw upon memory foam and lifting and moving the paw away to show the imprint..
• The mark consists of a motion mark. Color is not claimed as a feature of this mark. The mark consists of an animation presented in a lenticular label affixed to the goods. The animation consists of a depiction of a heart being squeezed by a clamp. The drawing of the mark includes five freeze frames showing various points in the movement. The stippling is for shading purposes only.
• The mark consists of a three-dimensional, cylindrical can upon which appears a stylized image covering the circumference of the can consisting of silhouettes of a female and three males surfing on surf boards. Silhouettes of palm trees are shown in the background. Waves and clouds are shown via thin lines. The matter shown in dotted lines — namely, the overall shape of the can — is not claimed as part of the mark and serves only to show the position or placement of the mark on the packaging for the goods.
• The mark consists of a three-dimensional, cylindrical can upon which appears a stylized image covering the circumference of the can consisting of silhouettes of two females and two males playing volleyball on the beach. Silhouettes of palm trees are shown in the background. Sand and clouds are shown via thin lines. The matter shown in dotted lines — namely, the overall shape of the can — is not claimed as part of the mark and serves only to show the position or placement of the mark on the packaging for the goods.
• The mark consists of the appearance and design of the interior of a restaurant evoking a Mexican wrestling theme. The back and left interior walls are painted hot pink with light blue accented panels and wrestling pictures in gold frames. The back wall contains three clocks and four framed menus hanging from the ceiling. The back left corner contains an entrance to the restroom area with a swinging door that is gold with a design of a wrestling mask. The right wall is painted light blue and contains pictures in black frames. The right wall contains a large design of a masked wrestler wearing a cape with his hands on his hips. The interior walls are adorned with wrestling masks, pictures and memorabilia. The lower portion of the interior dining area walls is covered with black tuck upholstery with gold tufted accents. A gold booth and gold table appear on the back left side of the restaurant’s dining area. A gold chandelier and a disco ball hang from the ceiling of the dining area. The restaurant’s dining chairs are covered in a black and white zebra striped design. The entrance to the dining area contains a brown and gold vintage television with a picture of a man taped to the inside of the screen depicted on a blue background.
• The mark consists of a stylized check mark lighting design positioned with the headlights.
• The mark consists of a configuration for a top portion of a package for the goods in which a central portion is curved downwardly and bulged outwardly. The matter shown in the drawings in broken lines forms no part of the mark and serves only to show the position or placement of the mark.
• The mark consists of the configuration of a hot dog stand in the shape of a hot dog or frankfurter in a hot dog bun with the service window in a front portion of the depicted hot dog configuration.
• entertainment in the nature of conducting horse races; wagering and gaming services; providing information in the field of entertainment featuring horse races, horse racing and wagering on horse races; organizing exhibitions for pre and post horse race entertainment; providing entertainment and recreational facilities; handicapping for sporting events; live musical performances