When most people think of trademarks, you usually think of logos such as the Nike® “swoosh” and the Apple® “apple” or phrases like “I’ve fallen and I can’t get up!®”
But trademark laws also allow you to register:
COLORS – One of the most recognizable colors would be the “pink” insulation from Owens-Corning1. Others include the UPS “brown”2, and the familiar “yellow” on 3M Post-It Notes3.
SOUNDS – Examples include very distinct sounds like the 60 Minute’s “ticking clock”4, Homer Simpson’s “D’Oh”5, Star War’s “light saber”6 as well as Darth Vader’s “breathing”7.
SMELLS – Trademarks for odors cannot be functional, so perfumes and colognes are out. The first olfactory registration was a “floral fragrance” on sewing thread and yarn8 in 1990. Another is the scent of Play-Doh9.
Additional non-traditional trademarks include taste, texture and motion but be aware that it is more difficult to register these marks with the USPTO.
USPTO trademark registration numbers: 1) 2380742; 2) 2901090; 3) 2390667; 4) 4328490; 5) 3411881; 6) 3618321; 7) 3618322; 8) 1639128; 9) 5467099