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 a Sound

“Sonic branding,” through sound marks is one of several ways that non-traditional trademarks are implemented, and can be effective across any culture, and virtually any language. If you’re familiar with McDonald’s five-tone audio progression of the notes A B C E D, accompanied by the words “ba da ba ba ba,” then you’ve encountered one of the most effective sound marks out there.

Trademark a Color

Color trademarks are also on the rise among companies who wish to indicate the source of their products using non-traditional methods. Color marks associate a product to a particular color. Jewelry lovers, for instance, immediately recognize the iconic robin's-egg blue box from Tiffany & Co. The color mark is now officially registered, and known as “Tiffany blue.”

Trademark a Design

Recently, Apple, Inc. filed to register a non-traditional trademark of a huge three-dimensional shape located on 5th Avenue in New York City — that’s right — Apple has filed to register the design and layout of its Manhattan retail store, which is a cube-shaped building constructed almost exclusively of transparent glass, with a pendant of an apple with a bite removed suspended from the ceiling.  You can find the brief here.

With the rising interest among top companies in non-traditional trademarks, these unique marks are becoming the way of the future, and may be the best way for you to brand your business, and indicate the source of your product or service. For more information on how to apply to register a non-traditional trademark to get consumers’ attention, contact one of Traverse Legal’s trademark attorneys today.