Non-Traditional Trademarks: Trademark a Shape, Sound, Color, Design, Scent, or Motion

As businesses begin to ride the social media wave into the digital age, branding strategies and marketing methods are evolving in big ways. Non-traditional trademarks are becoming more widespread than ever as business are finding new ways to get consumers’ attention.

Traditional trademarks are typically a word, phrase, logo, or symbol that indicate the source of a product. But non-traditional trademarks, such as a particular sound, color, smell, three-dimensional shape, or motion are some of the most innovative ways to indicate the source of products or services.

Trademark Infringement Lawsuit against Oprah Winfrey

Trademark Infringement Lawsuit Filed Based on Registered Trademark for “Own Your Power”:

A trademark infringement lawsuit filed against Oprah Winfrey is set forth below.  Please note that there is a trademark registration for “Own Your Power” for words, letters and/or numbers in stylized form with a first use date of November 5, 2006 filed by Simone Kelly-Brown (see below).  There is also a registered trademark for “Own Your Power” registered to Marin Solar, Inc. for solar power and electrical systems with a first use of 2007 (see below).  Note that Oprah uses the term on her website to suggest women “seizing the moment” and female empowerment. 

Few trademark infringement claims result in trademark infringement litigation.  The cost of litigation is expensive.  Instances of little companies taking on powerhouses like Oprah Winfrey are even rarer.  Regardless, trademark law dictates that whoever used the trademark in commerce first within a market segment will almost always have superior trademark rights.  The instances of companies stumbling into an infringement situation continue to rise as a result of the growth of the internet and online marketing.