Repeating Pattern Marks
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 repeating pattern mark is composed of a single repeated element or a repeated combination of designs, numbers, letters, or other characters, forming a pattern that is displayed on the surface of goods, on product packaging, or on materials associated with the advertising or provision of services [1]. In order to register as a trademark, a repeating pattern mark must not be generic nor functional, be used in connection with a good or service, and distinctively identify the brand owner (i.e., function as a trademark). The description of the mark must also indicate the mark is a repeating pattern mark, describe how the pattern will appear on relevant items, and sufficiently describe the nature of the repetition and/or complete pattern.
The oldest, still active repeating pattern mark registration is the Cambrelle Pique repeating pattern mark [2], first used in 1978 and first registered in 1986 in connection with nylon fabric for use as shoe linings.
Other long-lasting, still active repeating pattern marks include the Serapian Stepan repeating pattern mark [3], first used in 1977 and first registered in 1988 in connection with travelling bags; the Kimtech Kimguard repeating pattern mark [4], first used in 1974 and first registered in 1991 in connection with disposable surgical caps, drapes, gowns, coats, show covers, wash cloths and sterile wraps; and the Schluter Perforated Profile repeating pattern mark [5], first used in 1986 and first registered in 1993 in connection with metallic and non-metallic trim used as profiles.
Want to search for repeating pattern marks yourself? Head over to https://tmsearch.uspto.gov/, select “Field tag and Search Builder” from the drop down box on the left, and enter the following search string: (MD:2 MD3) AND DE:repeat* AND LD:true AND RG:*principal*
Once you have search results, over on the left click on “Sort” and select “Serial (0-9)” to see repeating pattern marks sorted oldest to newest or “Serial (9-0)” to see repeating pattern marks sorted newest to oldest by filing date. Searching isn’t an exact science (thank you outdated trademark search tools!), so beware false positives and incomplete or missing results. Have fun!
Want to learn more about trademarks? Check out our posts on What's a Trademark?, 5 Key Facts About Trademarks, and Trademark Genericide.
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[1] Trademark Manual of Examining Procedure (TMEP) § 1202.19, available at https://tmep.uspto.gov/RDMS/TMEP/current#/current/ch1200_d24d81_13d65_2b9.html.
[2] USPTO, U.S. Trademark Registration No. 1,413,427, available at https://tsdr.uspto.gov/#caseNumber=73463623&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch; Cambrelle® Pique, CAMBRELLE, available at https://cambrelle.com/pique/.
[3] USPTO, U.S. Trademark Registration No. 1,483,443, available at https://tsdr.uspto.gov/#caseNumber=73638329&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch; Stepan, SERAPIAN MILANO, available at https://www.serapian.com/pages/stepan.
[4] USPTO, U.S. Trademark Registration No. 1,666,599, available at https://tsdr.uspto.gov/#caseNumber=73814284&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch; Kimtech™ Kimguard™ Sequential Sterilization Wrap, KIMBERLY-CLARK PROFESSIONAL, available at https://www.kcprofessional.com/en-us/products/scientific-and-research/sterilization-wraps/kimtech-kimguard-sequential-sterilization-wrap.
[5] USPTO, U.S. Trademark Registration No. 1,764,026, available at https://tsdr.uspto.gov/#caseNumber=74068504&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch; Profiles, SCHLUTER SYSTEMS, available at https://www.schluter.com/schluter-us/en_US/Building-Panels/Profiles/c/BP-P.