Rebel cartoon stick figure with green hair pointing at a chalkboard with “Motion Marks” written in large chalk letters — representing a blog post about motion 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 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. The motion mark must be used in connection with a good or a service, distinctively identify the brand owner (i.e., function as a trademark), and be non-functional (e.g., the motion can’t primarily serve a functional purpose). In order to be registered as a trademark, an applicant must also prove that the motion mark has acquired distinctiveness (e.g., the motion over a long period of time has become distinctive and brand-identifying to the consuming public).

Motion marks are relatively rare amongst non-traditional trademark registrations. By one count, only around 300 motion mark applications have been filed and only roughly half of those filings are still active today [1]. But, motion marks are becoming more and more popular in recent years – nearly one-third of all motion mark filings were made since 2018 [2].

The earliest, still active motion mark is the Hanna-Barbera Star motion mark [3], first used in 1983 and first registered in 1985 in connection with entertainment services. Other long-lasting, still active motion marks including the 20th Century Fox motion mark [4], first used in 1994 and first registered in 1995 in connection with motion picture films; the Columbia Pictures motion mark [5], first used in 1993 and first registered in 1996 for motion picture films; and the Peabody Duck March motion mark [6], first used in 1940 and first registered in 2003 for hotel services and related services.

Want to learn more about trademarks? Check out our posts on Why Should I Care About Trademarks?, What’s a Trademark?, and Trademark Genericide.