A certification mark is a type of trademark owned by an organization (a “certifying organization”), but used by authorized users (a “certified user”) to show that their goods or services have met certain standards.

A collective mark (also known as a “collective membership mark”) is a type of trademark owned by an organization (a “collective organization”), but used by members of the organization to indicate membership in the organization.

Let’s talk about taste marks. We know what you are thinking: “A taste mark? Really? That’s possible?” Well, you are half right.

A texture mark protects distinctive texture(s) associated with a brand. Whereas some of the previous types of trademarks we have discussed protect the visual appearance of a good or service, a texture mark protects the touch and feel of a good.

A hologram mark protects distinctive hologram(s) associated with a brand, specifically, three-dimensional images that change appearance when viewed from different angles.

A motion mark protects distinctive motion(s) or movement(s) associated with a brand, including animated images or sequences, moving aspects of products, or motions used in rendering services.  

A scent mark protects distinctive scent(s) associated with a brand. The scent mark must be used in connection with a good or a service, distinctively identify that good or service as being offered by the brand owner, and be non-functional (e.g., the scent can’t be the primary purpose of the product).

A sound mark protects distinctive sound(s) associated with a brand. The sound mark must be used in connection with a good or a service and must distinctively identify that good or service as being offered by the brand owner.

A position mark is a type of trade dress consisting of the specific placement or position of features (e.g., color, shapes, etc.) or parts on a product or product packaging.

A configuration mark is a type of trade dress consisting of the specific arrangement of features or parts in a product – it captures the overall design of a product, which can include combinations of shape(s), color(s), word(s), and other visual feature(s) present in the design.

A shape mark is a type of trade dress consisting of a specific and recognizable shape used to identify a brand. The three-dimensional shape in a shape mark can be applied to a product or its packaging.

A color mark is a type of trade dress consisting of a specific color or combination of colors used to identify a brand. The color in a color mark can be applied to a product, its packaging, or to a service.

“Trade dress” refers to the distinctive visual appearance of a product, its packaging, or a service. Trade dress encompasses a wide array of visual elements that create the overall impression of a product, its packaging, or a service, signifying the source of the product or service to consumers and helping to protect the brand identity and market presence.

Design marks consist of design elements like logos, symbols, stylized text, or other graphic elements. A design mark protects the specific appearance of the design, ensuring that others cannot use a similar visual identifier for similar goods or services.

Traditional trademarks are conventional and well-recognized forms of trademarks, including word marks and design marks. Word marks are text-only trademarks consisting solely of words, letters, or numbers without any specific design element.

Registering a trademark is not a simple process, but it is also not as difficult as other legal processes like filing a patent application. In general, there are four major steps during the trademark registration process.

Trademark “genericide” is a process where a once-distinctive trademark becomes so commonly used to refer to a general category of products or services that it loses its status as a protected trademark and becomes usable by anyone in the public.

A "non-traditional" trademark refers to a unique and unconventional form of trademark that goes beyond the typical words, slogans, and logos commonly associated with branding. Non-traditional trademarks include elements like colors, sounds, three-dimensional shapes, and even scents.

A "traditional" trademark refers to the conventional and well-recognized form of a trademark, which includes words, numerals, slogans, symbols, logos, and other distinctive elements used to identify and distinguish goods or services in commerce.

The average person encounters 100s if not 1000s of trademarks every day (potentially exaggerated). Quick, how many trademarks do you see in the above image? For something we encounter on a daily basis, what even is a trademark?