In just the first month of the year, a plethora of filings at the USPTO are for nontraditional trademarks have been submitted. These filings include product configurations, trade dress, colors, patterns, and more. I expect this trend to continue to grow as brand owners continue to seek new ways to stand apart from the crowd of advertising.

For example, the following were recently filed [click marks for USPTO records]:

  • Old Spice whistle sound from Proctor & Gamble
  • Trademark image– WOMEN’S AND GIRL’S PANTS, JEANS, PANTS MADE OF DENIM AND JEANS MADE OF DENIM
  • Trademark image– Golf grips, namely, hand grips for golf clubs
  • Trademark image – jewelry
  • Trademark image– salad kits consisting primarily of processed lettuces and also containing salad dressing, and one more of vegetables, fruit, nuts, eggs, cheese, meat, poultry, croutons, tortilla chips, flat bread chips
  • Trademark image– SPORTING GOODS, NAMELY BASEBALL BATS AND RELATED PROMOTIONAL ITEMS, NAMELY MINIATURE BASEBALL BATS
  • Trademark image– electronic keys for use with electronic locks
  • Trademark image– Candies
  • Trademark image– Food preparation; Restaurant services (Inn-N-Out Burgers)
  • Trademark image– Orthodontic brackets
  • Trademark image– golf balls
  • Trademark image– Handheld mobile digital electronic device, namely, a full featured tablet computer, electronic book reader, digital audio and video player, electronic personal organizer, personal digital assistant, electronic calendar, and global positioning system device
  • Trademark image– Canned Maine wild blueberries
  • Trademark image– writing instruments, namely, markers
  • Trademark image– cheese

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