Introduction
One of the most powerful symbols used in the business world is that of a trademark. A trademark, otherwise known as a brand, is an easily recognizable symbol or phrase that denotes the commercial source or origin of a good or service. For example, McDonald’s brand is represented by its famous golden arches. This symbol stands for the international franchise and is widely recognized. As recognizable as the golden arches is, however, trademark law recognizes that the commercial source of a good or service may be denoted by anything that identifies and distinguishes the source of that trademark. Some of these identifiers, while not as recognizable, have been held by the courts to routinely satisfy the requirements of trademark law.
A Few Examples of Trademarks
A few examples of such non-traditional trademarks and their significance are as follows. Nike’s famous “swoosh” symbol actually stands for the Greek goddess of victory. Similarly, the now famous Apple logo is not simply a picture of an apple, but is instead a representation of Isaac Newton sitting under an apple tree. This logo symbolizes Apple’s mission to stay on the cutting edge of innovation. Another example of a non-traditional trademark is the crocodile logo used by the clothing company, Lacoste. This symbol actually stands for the sport of tennis, as it was created by the famous tennis player, René Lacoste.
The Role of Non-Traditional Trademarks
Non-traditional trademarks often take the form of colors, shapes, sounds, and fragrances, and serve to identify the goods or services of one company from those of another. As such, they are an integral part of modern advertising and branding. Non-traditional trademarks can be easier to recognize and remember than a traditional word-based trademark. Additionally, because not every non-traditional trademark will be distinctive in and of itself, it is often necessary to use it in combination with other words or symbols in order to make it distinctive.
Conclusion
Trademarks serve to identify and distinguish the goods or services of one source from those of another. Quite often, this source is denoted by a non-traditional trademark, such as a shape, a color, a sound, or a fragrance. As these types of trademarks are not as easily recognizable as traditional word-based trademarks, it is often necessary to use them in combination with other words or symbols in order to make them distinctive. As a result, these non-traditional trademarks play an extremely important role in modern advertising and branding.
