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

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 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. In order to be registered as a trademark, a shape mark must be capable of identifying the source of the product, distinctive, and not protect visual features that are functional or essential to the use of the product. Shape marks are similar to, but distinct from, configuration marks (focusing on the overall design rather than just the shape) and position marks (protecting the specific placement of a feature on a product) – look for words like “shape” and/or “three-dimensional” in the description of the mark.

The earliest still-active shape mark registered in the US is the Coca-Cola Bottle shape mark, first registered in April 1960 [1]. Other long-lasting shape mark registrations include the Therm-O-Disc Terminal shape mark, first registered in August 1960 [2], the DoALL Band Saw Packaging shape mark, first registered in November 1963 [3], and the Contemporary Cross Plaque shape mark, first registered in February 1975 [4].

Want to learn more about trademarks? Check out our posts on Trademark Genericide, What’s a Trademark?, and Introduction.