Special thanks to Briana Reed, one of our summer 2021 interns, for
What Is a Trademark?
You run into hundreds (maybe thousands) of trademarks every day without knowing it. But if you take your consumer hat off and put your business-owner hat on you might be wondering what all can be trademarked. As it turns out, a lot of things are trademark eligible, including some pretty unique things that most people would not think could serve as a trademark. In a nutshell, almost anything that acts as a source indicator for your business or brand can act as a trademark.
Generally, a trademark can be a word, slogan, logo, or phrase that serves to identify your brand, goods, or services in the marketplace. Trademarks serve the important purpose of protecting your brand’s goodwill and protecting the consumers as they navigate the marketplace.
Word Marks
Many marks filed with the United States Patent and Trademark Office (USPTO) are word marks. Word marks (also called “standard character trademarks”) protect use of the word itself without any reference to the font, color, or design used. Word marks can be a slogan, like Nike’s “Just Do It,” or the name of the business itself, like “Coca-Cola.” If you are wanting basic trademark protection for your brand, a word mark is a great place to start.
Logos & Designs
If your brand uses a specific design or logo, you may want to consider registering it as a separate trademark. Many businesses register a word mark and a logo separately to gain more protection. Special form trademarks, or stylized marks, can protect the design and look of your logo. For example, the Nike Swoosh and Chick-fil-a “C” are both registered trademarks. A stylized mark can help build an extra layer of protection for your brand by preventing other businesses from appropriating your logo or design for their own use.
Non-Traditional Trademarks
While not as common as the standard word mark, scents, sounds, and colors can all be registered trademarks if they meet certain requirements. Take for example some of the most famous colors in the world, like Tiffany Blue and Hermes Orange. Both of these colors have developed what the law calls “secondary meaning,” in which consumers now associate the color with the brand.
While scents as a trademark are a relatively new phenomenon, the first one being registered in 1990, registering a scent as a trademark is a bit of a challenge. Relatively few scent trademarks exist because you have to prove that the scent serves as a source indicator instead of just a pleasant aroma. But, if your business happens to have one of the world’s most recognizable scents, you can join the exclusive club of those like Play-Doh who have achieved scent trademark registrations.
Like colors and scents, a sound can also be trademarked if it functions as a source indictor. Examples of currently registered sound marks would be the NBC chime or MGM roaring lion. Just like color and scent marks, you still have the burden of proving secondary meaning in that consumers attribute your distinctive sound with your brand.
Regardless of what you wish to trademark, it is imperative that you consult with an attorney. At Darkhorse Attorneys, we have successfully helped hundreds of individuals and businesses obtain trademark protection. We have experience with word marks, design marks, and more, and we are prepared to help you evaluate your options, starting with a consultation.
Call Darkhorse Attorneys at (800) 279-4292 or contact us online today to connect with an experienced trademark lawyer in Lynchburg, VA.
