Beyond Names and Logos

Matthew McConaughey has been busy at the U.S. Patent and Trademark Office recently, securing eight trademark registrations covering aspects of his voice, delivery, and related brand elements, including a sound mark for audio of McConaughey saying his iconic “All right, all right, all right” line from Dazed and Confused.

Sound marks have traditionally been tied to specific products or services, such as a jingle or an audio logo. Here, McConaughey is stretching sound mark protection to the outer edges of what trademark law has historically recognized, using it as a tool to address growing concerns about deepfakes and AI impersonation in commercial settings. While it remains to be seen how successful this approach will ultimately be, it is encouraging to see more proactive steps being taken to protect creatives, content creators, and recognizable brand personalities in an evolving AI landscape.

While we are excited to see how this novel approach plays out, for many readers the biggest takeaway has been simply learning that you can trademark a sound.

And that surprise is understandable.

When most people think of trademarks, they think of names and logos, but those are only the beginning. Sound marks, like the one registered by McConaughey, are just one example of a much larger group of non-traditional trademarks that businesses use every day, often without realizing the role those elements can play in protecting and strengthening their brands.

What Is a Trademark—Really?

At their simplest, trademarks are source identifiers. They are anything that helps consumers connect the products or services they are buying with their source and distinguish one brand from another.

Names and logos do a lot of that work, but trademark law allows brands to signal who they are in many other ways as well.

Below are several common types of non-traditional trademarks you may already be using, and could be leveraging as valuable brand assets.

Sound Marks

Sound marks protect distinctive sounds that identify a brand as the source of goods or services.

Familiar examples include:

• Netflix: the short “ta-dum” sound that plays before its content
• NBC: the iconic three-note chime (often referred to as the “NBC chimes”)

If customers recognize your business by sound alone—before seeing a name or logo—you may already be using a sound mark.

In practice, these marks often require consistent and repeated use so consumers come to associate the sound with a single source.

Motion Marks

Motion marks protect distinctive movement or animation that functions as a source identifier.

A well-known example:

• Disney: the animated opening sequence featuring Cinderella’s Castle

Motion marks can also include:

• Animated logo reveals
• App loading screens
• Repeated transitions used across digital content

As with other non-traditional marks, consistency is key. The motion must act as a brand signal, not mere decoration.

Color Marks

Color marks protect specific colors used consistently in connection with particular goods or services.

Recognizable examples include:

• Tiffany & Co.: Tiffany Blue (Pantone 1837 Blue)
• UPS: UPS Brown (Pantone 462 C)
• Owens Corning: pink insulation

When used consistently and non-functionally, color alone can serve as a source identifier. These marks can be powerful but difficult to claim. They often require strong evidence that consumers associate the color with a single brand in a specific context.

Configuration Marks

Configuration marks protect the distinctive shape or design of a product itself.

Classic examples include:

• Porsche: the iconic silhouette of the Porsche 911
• Coca-Cola: the distinctive contour bottle, recognizable even without labels

These marks focus on product shape where the design is distinctive and non-functional. If a shape is driven primarily by performance or cost, it is unlikely to qualify for trademark protection.

Trade Dress

Trade dress protects the overall look and feel of a product, packaging, or commercial environment.

Well-known examples include:

• In-N-Out Burger: red-and-white color schemes, palm trees, and layout
• Texaco: its red star branding and gas station design

Trade dress looks at the total commercial impression rather than any single element. Protection often depends on whether the overall look is distinctive and consistently presented, rather than purely functional.

Scent Marks

Scent marks protect distinctive, non-functional scents that identify a brand.

Notable examples include:

• Crayola: the scent of its crayons (“a scent reminiscent of a slightly earthy soap with pungent, leather-like clay undertones”)
• Moroccanoil: the signature fragrance used across its hair-care products (“a high impact fragrance primarily consisting of musk, vanilla, rose, and lavender”)

Scent marks are rare and closely scrutinized, but they demonstrate how sensory elements can function as trademarks. To qualify, the scent must be distinctive and not essential to the product’s use or purpose.

Hologram Marks

Hologram marks protect distinctive holographic images used consistently to identify source.

A well-known example:

• Upper Deck: hologram authentication labels on trading cards and sports memorabilia

These marks are commonly used to signal authenticity and deter counterfeiting, but to function as trademarks, holograms must be used consistently and not simply as variable security features.

What Might You Be Overlooking?

If reading through these examples made you start mentally checking off elements of your own brand, you’re not alone. Many businesses are already using non-traditional trademarks without realizing it.

And once you’ve taken a closer look at what’s already working for you, our IP team is happy to help you think through how to protect those assets, strengthen them, and leverage them as part of a broader trademark and brand strategy.