A trademark can be more than just a name or logo: it’s any sign that distinguishes your goods or services from everyone else’s. Over time, trademark law has evolved to recognize a variety of marks beyond simple word marks.
This comprehensive guide explores all different types of trademarks recognized by trademark law, including detailed explanations and real-world examples to help you identify the best protection strategy for your brand.
For a primer on what trademarks are and why they matter, see What Is a Trademark?
1. Word Marks
Definition: Word marks consist of pure text or lettering without stylization, logos, or design elements. These represent one of the most fundamental types of trademarks for business protection.
Key Characteristics:
- Protect the actual words or text regardless of font, color, or styling
- Offer the broadest scope of protection among different trademark types
- Cover the brand name in any visual presentation
Example: "Google" registered as a word mark provides protection for the company name across search engines, advertising services, and other business categories, regardless of how the text appears visually.
Strategic Advantage: Word marks offer maximum flexibility because you own exclusive rights to the name itself, not just a specific visual representation.
2. Figurative (Design) Marks
Definition: Figurative marks, also called design marks, protect logos, symbols, graphics, or stylized text elements that form your visual brand identity.
Key Characteristics:
- Protect specific graphic designs, symbols, or artistic elements
- Cover exact visual representation as registered
- Require new registration for significant design modifications
Example: The Nike "swoosh" logo represents one of the world's most recognizable design marks, providing exclusive rights to this specific curved symbol across athletic goods and services.
Important Consideration: Design marks protect only the exact graphic registered, so businesses often file both word and design marks for comprehensive protection.
3. Composite Marks
Definition: Composite marks combine word elements with design features, creating integrated trademark protection for both textual and visual brand components.
Key Characteristics:
- Provide dual protection for both text and graphic elements
- Protect the specific combination of words and design as registered
- Often used by companies wanting unified brand mark protection
Example: The Starbucks trademark featuring the company name encircling their distinctive mermaid logo demonstrates effective composite mark registration, protecting both textual and visual brand elements together.
Strategic Benefit: Composite marks can provide stronger protection than separate word and design filings when brands consistently use integrated logo and text combinations.
4. Shape (3D) Marks
Definition: Shape marks, also known as 3D marks, protect the distinctive three-dimensional appearance of products, packaging, or containers that serve as brand identifiers.
Key Characteristics:
- Protect distinctive product shapes or packaging designs
- Must demonstrate that shape functions as brand identifier, not just utility
- Require proof that consumers recognize the shape as indicating specific source
Example: The iconic Coca-Cola bottle silhouette represents one of the most famous shape marks, with the distinctive contoured glass bottle design serving as an immediate brand identifier even without text or labels.
Registration Requirements: Shape marks face higher scrutiny because they must prove distinctiveness beyond mere functional or aesthetic considerations.
5. Sound Marks
Definition: Sound marks protect distinctive audio sequences, jingles, musical phrases, or sound effects that identify brands in the marketplace.
Key Characteristics:
- Protect specific audio sequences or musical phrases
- Require detailed written description of the sound
- Must include audio file specimens during application process
Examples:
- The MGM lion's roar immediately identifies Metro-Goldwyn-Mayer entertainment
- NBC's distinctive three-note chime sequence has served as audio branding for decades
- Intel's five-note ""bong"" sound effect in advertisements
Application Process: Sound mark applications require both precise written descriptions and high-quality audio recordings demonstrating the mark's use in commerce.
6. Color & Color-Combination Marks
Definition: Color marks protect single colors or specific color combinations that consumers distinctively associate with particular brands or product categories.
Key Characteristics:
- Protect exclusive use of specific colors in relevant business categories
- Require proof of acquired distinctiveness through extensive use
- Must demonstrate consumer recognition of color as brand identifier
Examples:
- Tiffany & Co.'s distinctive robin-egg blue (Pantone 1837) for luxury jewelry and gift packaging
- UPS brown for shipping and logistics services
- John Deere green and yellow for agricultural equipment
High Registration Standard: Color marks face significant scrutiny because colors serve important functional and aesthetic purposes beyond brand identification.
7. Motion & Hologram Marks
Definition: Motion marks protect animated sequences, moving logos, or holographic displays that serve as brand identifiers in digital and physical environments.
Key Characteristics:
- Protect specific animated sequences or holographic presentations
- Require video specimens showing the motion or holographic effect
- Must include detailed written descriptions of the dynamic elements
Examples:
- Google's animated ""G"" logo that appears during loading sequences
- Various holographic security features on product packaging
- Animated logo sequences in digital advertising
Emerging Category: These represent newer types of trademark registration reflecting modern digital branding and security technologies.
8. Position Marks
Definition: Position marks protect the specific placement or positioning of trademark elements on products, packaging, or in commercial presentations.
Key Characteristics:
- Protect exact placement location of brand elements
- Require consistent use in the specific position registered
- Must demonstrate that consumers recognize the positioning as brand identifier
Example: The small red tab positioned at the back right pocket of Levi's jeans represents a classic position mark, where the specific placement serves as brand identification even without readable text.
Usage Requirement: Position marks demand strict consistency in placement to maintain trademark protection and consumer recognition.
Types of Trademarks at a Glance
Understanding different types of trademarks helps businesses choose optimal protection strategies:
Trademark Type | Protection Scope | Registration Complexity | Strategic Value |
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Word Marks | Text in any visual format | Low complexity | Highest flexibility |
Design Marks | Specific graphic elements | Moderate complexity | Strong visual protection |
Composite Marks | Combined text and graphics | Moderate complexity | Integrated brand protection |
Shape Marks | Product/packaging forms | High complexity | Distinctive product identity |
Sound Marks | Audio brand elements | High complexity | Unique sensory branding |
Color Marks | Specific brand colors | Very high complexity | Exclusive color association |
Motion Marks | Animated sequences | High complexity | Dynamic digital branding |
Position Marks | Strategic element placement | Moderate complexity | Subtle brand recognition |
Professional Guidance for Complex Trademark Types
While word and design marks often allow straightforward registration, specialized types of trademarks like sound, color, or motion marks require expert guidance to navigate complex distinctiveness requirements and evidence standards.
Professional trademark services can help you identify which different types of trademarks best protect your unique brand elements and develop comprehensive filing strategies that maximize protection while managing costs effectively.