Trademarks – Logos and Beyond

After reading Time for a Sensory Trademark Audit? at I/P UPDATES, I got to thinking. Obviously, most people think of logos or words when they hear the term “trademark.”

However, the public does not necessarily realize that other observable source identifiers can also be trademarked. An example often taught in law school is color. After all, who doesn’t think of John Deere when they see a “John Deere Green” piece of farm equipment. But, we’re still talking about trademarks that use only one sense, sight. Marketers are increasingly aware of the need for multiple sensory input for a lasting impression. I’ve heard that smell is the sense most closely associated with memory. So, why not trademark a smell? Actually, that’s already been done, along with sounds. Some examples of sensory marks that are registered include the following:

• 2752053 – a blinking LED-type light placed conspicuously on the front of the product packaging for nutritional supplements
• 2927617 – the ding of an airplane intercom, followed by the wording YOU ARE NOW FREE TO MOVE ABOUT THE COUNTRY
• 2607415 - the sound of a duck quacking the word “AFLAC”
• 2692077 - the sound of a childlike human giggle which represents the Pillsbury Doughboy giggle
• 2560618 - a scent mark having the scent of bubble gum for oil
• 2442140 - a human voice yodeling “YAHOO”
• 2821863 - the spoken words YOU’VE GOT MAIL
• 2519203 - a deep, male, human-like voice saying “Ho-Ho-Ho” in even intervals with each “Ho” dropping in pitch”
• 2323892 - pre-programmed rotating sequence of a plurality of high intensity columns of light projected into the sky to locate a source at the base thereof
• 1395550 – MGM’s lion roaring

However, noticeably absent from this list are any tactile marks. As far as I can tell, texture may be the next great frontier in trademark protection. I wonder who will be the first to register a trademark on a fuzzy soap box or a hairy shampoo bottle.

You may be interested in reading the following related posts:

1. Ode to the Trademark
2. trademark registrations matter: a cautionary lesson
3. chinese firm trademarks “happy birthday”
4. PATENT PROSECUTION TIP: KISS
5. a little bit scandalous – immoral trademarks?

Posted by Douglas Sorocco, August 24, 2005 at 12:04 pm
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