Non-Traditional Trademarks: Hologram Marks
Non-traditional trademarks are unconventional and unique forms of trademarks, including trade dress, color marks, shape marks, configuration marks, position marks, sound marks, scent marks, motion marks, hologram marks, texture marks, and taste marks. Non-traditional trademarks are less common than traditional trademarks but provide a creative and innovative way for businesses to establish and protect their brand identities.
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.
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[1] USPTO, U.S. Trademark Registration No. 2,143,827, available at https://tsdr.uspto.gov/#caseNumber=74671847&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch.
[2] USPTO, U.S. Trademark Registration No. 2,619,227, available at https://tsdr.uspto.gov/#caseNumber=75495208&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch.
[3] USPTO, U.S. Trademark Registration No. 2,710,652, available at https://tsdr.uspto.gov/#caseNumber=76275803&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch.
[4] USPTO, U.S. Trademark Registration No. 3,045,251, available at https://tsdr.uspto.gov/#caseNumber=78470087&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch.