Rebel cartoon stick figure with green hair pointing at a chalkboard with “Hologram Marks” written in large chalk letters — representing a blog post about hologram marks and non-traditional trademarks.

Non-traditional trademarks are unconventional and unique forms of trademarks. Non-traditional trademarks are less common than traditional trademarks (and certification marks and collective marks) but provide a creative and innovative way for businesses to establish and protect their brand identities.

The largest category of non-traditional trademarks is trade dress, which includes the overall look and feel of a product, product packaging, or service. Trade dress can include color marks, configuration marks, position marks, repeating pattern marks, shape marks, and texture marks. Other (non-trade dress) types of non-traditional trademarks include hologram marks, motion marks, scent marks, sound marks, and taste marks.

A hologram mark protects distinctive hologram(s) associated with a brand, specifically, three-dimensional images that change appearance when viewed from different angles. A hologram mark is sometimes also known as a holographic mark or a holograph mark. In order to be registered as a trademark, a hologram mark must be used in connection with a good or a service and distinctively identify the brand owner (i.e., function as a trademark), and the trademark owner must provide evidence that the hologram mark is recognized by consumers to be a trademark.

There are currently less than 30 active hologram trademark registrations in the US. The earliest, still active hologram mark is the Ultra PRO Card Protector Sleeve hologram mark [1], first used in 1991 and first registered in 1998 in connection with plastic pages for containing collectible cards, photographs and the like.

Other long-lasting, still active hologram marks include the Upper Deck Authenticated Memorabilia hologram mark [2], first used in 1993 and first registered in 2002 in connection with autographed sports memorabilia; the Upper Deck Trading Card Logo hologram mark [3], first used in 1997 and first registered in 2003 in connection with trading cards; and the American Express Card hologram mark [4], first used in 2001 and first registered in 2006 for charge card and credit card services.

Want to learn more about trademarks? Check out our posts on 5 More Key Facts About Trademarks, Introduction, and the US TM Registration Process.