Different Types of Trademarks

Trademarks come in various forms, each designed to uniquely identify and distinguish goods or services in the marketplace. Understanding the scope of protection, benefits, and limitations of each type of mark can help applicants choose which to use and seek protection for. The primary types of trademarks include word marks, design marks, shape marks, color marks, sound marks, and scent marks.

Word Marks

Word marks consist of textual representations of a brand or product name. They provide broad coverage for the text but may not protect design elements or logos that lack the same textual components.

Design Marks

Design marks encompass a brand's specific visual design elements, such as stylized features, graphics, or logos. They facilitate visual brand recognition but may not protect the names or words outside their specific design format.

Shape Marks

Shape marks pertain to the unique shape of a product or its packaging. The shape must be non-functional and distinctive. A shape mark may require secondary meaning. For shape marks, secondary meaning refers to a showing that the shape is unique and clearly associated with the brand such that consumers recognize and associate the shape with a specific service or source.

Color Marks

Color marks are characterized by unique color schemes associated with a brand. A color mark requires secondary meaning. For color marks, secondary meaning refers to a showing that the color is unique and clearly associated with the brand such that consumers recognize and associate the color with a specific service or source.

Sound Marks

Sound marks include distinctive sounds or musical jingles that denote a brand or product. They will require a showing of secondary meaning. For sound marks, secondary meaning refers to a showing that the sound is unique and clearly associated with the brand, such that consumers recognize and associate the sound with a specific service or source.

Scent Marks

Scent marks represent unique scents tied to a product. They require secondary meaning. For scent marks, secondary meaning refers to showing that the scent is unique and clearly associated with the brand such that consumers recognize and associate the scent with a specific service or source.

How TCP Law Can Help

Each type of trademark may fulfill a specific role in brand protection. A trademark attorney at TCP Law can help you understand the unique scopes and limitations of each type of trademark. With this understanding, businesses can strategically select and develop their trademark protections.

For assistance with understanding and selecting from the types of trademarks or with any other trademark issue, please contact TCP Law at info@tcplawfirm.com or 917-612-1059.