Nontraditional Trademarks: Marketing To The Senses

Law360, New York (July 12, 2012, 1:27 PM EDT) -- We usually think of a trademark or service mark as a two-dimensional spoken word or phrase, or design used to identify a product or service. As technology has advanced and products and services now are marketed in a wide variety of new ways, nontraditional trademarks are gaining in popularity.

Examples of nontraditional trademarks that companies have registered successfully through the United States Patent and Trademark Office include sound, motion, texture, color, fragrance, product shape and product packaging. Cutting-edge marketers, however, may discover that registering some nontraditional...
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