Types of Trademarks: Key Elements

The world of trademarks is extremely complex and complicated. Trademark helps the business owner to ensure their brand’s identity is protected. To register a trademark, you need to first understand the differences between types of trademarks, and what each type encompasses. We thought making a list of key trademark types would help you out in starting our trademark registration process!

For more information on the five categories of trademark distinctiveness check out our FAQ post about generic, descriptive, suggestive, arbitrary, and fanciful trademarks!

A mark is defined as a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colors or any combination thereof. A trademark is a mark that is unique to your trade. Let’s take a look at the types of trademarks and identifying features of your brand that can be trademarked:

Word Marks

Word marks are trademarks that have one or more words, letters, numbers, or typographic characters. Think Coca-Cola®, Twitter®, Under Armor®.

Design marks/ Logo Marks

Design marks/ Logo marks, also called figurative marks or special form marks, are the visual images that the brand uses to establish its identity; like Starbucks’ mermaid, or Mcdonald’s golden arches.

Combination Marks

A combination mark is a type of trademark that uses the combination of both words and design. The best example would be the three diagonal stripes used with ADIDAS trade name, or Burger King’s logo which combines the image of a burger with the name of the fast-food chain.

Slogan Marks

A slogan is a phrase a brand uses to proclaim its brand’s identity and mission; it can also be something that is unique to the business and has become inseparable from its identity, like KFC’s “It’s finger-licking good” or APPLE’s “Think Different.”

Sound Marks

A bit more obscure, the type of trademark that involves sounds involves any musical piece that is uniquely recognized as part of the brand’s identity. Like when you start your PlayStation, and hear the startup sound, or when you watch an MGM-production movie and their lion roars at you, you are hearing someone else’s intellectual property, a trademarked sound.

Color Marks

A color mark, exactly as it sounds, protects one color that is used by the brand exclusively, like USP brown or T-Mobile Magenta.

Motion Marks

While rare, motion marks are animations used as trademarks. Here we come back to the lion from MGM Studios whose roaring animation is a perfect example of motion mark.

Certification Marks

Certification marks are certificates that are used as trademarks to showcase the brand’s qualifications such as Pure New Wool which indicates that the product is made out of 100% Pure New Wool.

Collective Marks

Collective marks are used by organizations to identify all products, services, and people associated with the organization that meet the organization’s standards. There are two types of collective marks — the simple collective mark: a mark of belonging, and the collective certification mark: a genuine quality label that identifies services and distinguishes them from those of the non-members, NBA vs CPA.

Trade Dress

Trade Dress is a type of trademark that describes the appearance of the product and/or its packaging, like Chanel’s box packaging or the shape of the iPhone.

Hologram Marks

Hologram marks are marks that have holographic characteristics that are used by a brand as part of their identity. Those marks are quite non-conventional, and a great example of them would be Glaxo Group’s trademark.

Scent Mark

While not widely accepted and quite strongly objected to, the scent mark is a trademark that protects your product’s smell. As the uniqueness of the smell is hard to prove, only a small amount of scents are actually trademarked; one of the most well-known scents that is registered as a trademark is the smell of PlayDough. Understanding trademarks is important for protecting your brand. By learning about the different types of trademarks, you can make sure your brand stands out. Whether it's a word, a picture, or even a smell, each type of trademark helps show what makes your brand special. So, knowing about trademarks can help you keep your brand safe and unique. It will allow you to understand the requirements for the trademark registration process.

Still struggling with navigating the world of trademarks? Contact us! We are a team of trademark attorneys who will help you pave your way through the trademark registration process and answer all your questions. From registering your brand to defending it against infringement, our team ensures your intellectual property is in safe hands. Let us help you navigate the complex world of trademarks, so you can focus on what you do best – growing your business. Contact us today for peace of mind and legal protection for your brand! Or choose one of our packages that guarantees results for a guaranteed budget with a full refund if the trademark we deemed registrable gets rejected!

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