Trademarking Unconventional Elements: Color, Sound, and More

 Hi there! I’m a trademark attorney based in Westminster, California. I work with people and businesses to help them protect their brands. Most people know that you can trademark a name or a logo. But did you know that you can also trademark a color, a sound, or even a scent? That’s right! Trademark law covers more than just words and pictures. Today, I want to tell you all about trademarking these unconventional elements and why they matter.



What Is a Trademark?

Before we dive in, let’s start with the basics. A trademark is something that helps people know where a product or service comes from. It can be a word, phrase, symbol, design, or a mix of these. Trademarks help customers tell the difference between brands. For example, when you see the golden arches, you know it’s McDonald's. That logo is a trademark.

But what if a company wants to be known for a certain color or a unique sound? That’s where things get interesting.

Trademarking Colors

Yes, you can trademark a color! But not just any color. You can’t pick a color like blue or red and try to stop everyone else from using it. That wouldn’t be fair. Instead, a color has to be used in a special way that makes people think of a specific brand.

Let me give you an example. The color “Tiffany blue” is trademarked by Tiffany & Co., the famous jewelry company. When people see that specific shade of blue, they often think of Tiffany. Another example is the red soles on Christian Louboutin high heels. Those red bottoms are now famous, and the company has trademarked that red color for shoe soles.

To trademark a color, you have to show that people connect that color with your brand. That usually takes time and smart marketing.

Trademarking Sounds

Next up: sounds. That’s right—you can also trademark a sound if it’s tied to your brand. Think about the sound your computer makes when it starts up. Some companies, like Microsoft, have trademarked those startup sounds.

One of the most famous sound trademarks is the MGM lion’s roar you hear before a movie starts. Another one is the NBC chimes—those three little musical notes you hear in TV shows. These sounds are unique and instantly recognizable. They help people know who made the content they’re watching or hearing.

Just like colors, sounds have to be connected to a brand in people’s minds before they can be trademarked.



Can You Trademark a Smell?

This one surprises a lot of people—you can even trademark a smell! But it’s rare and a bit tricky. You can’t trademark a smell just because it smells good. You have to prove that the smell is part of the brand and helps customers know where a product comes from.

One example is a floral scent used in Verizon stores. That smell has been trademarked because it helps make the store experience special and recognizable. Another example is a bubble gum scent used in a type of toy. If people start to connect that smell with your product and not just with bubble gum in general, you might be able to trademark it.

Shapes and Packaging

Another unusual type of trademark is called “trade dress.” This can include the shape of a product or the design of the packaging. But again, it must be unique and connected to your brand.

Think about the shape of a Coca-Cola bottle. It’s not just any bottle—it has a curvy design that most people recognize right away. Coca-Cola has trademarked that shape.

If your product or packaging has a special look and customers connect it with your company, you might have a case for trade dress protection.

Why These Trademarks Matter

So why go through all this effort to trademark a color, sound, smell, or shape? The answer is simple: branding. These things help make your brand stand out. They give your customers something to remember you by.

In today’s crowded market, every little detail helps. If you can own a unique color or sound that people connect with your business, you have something really valuable. It can stop other companies from copying you and confusing your customers.

The Legal Process

Getting one of these unconventional trademarks isn’t easy. You’ll need to prove that your color, sound, or smell is not just decorative or random—it has to mean something to the customer. This often requires showing proof like customer surveys, long-term use, and examples of how the public recognizes your brand through that element.

The U.S. Patent and Trademark Office (USPTO) is very careful when reviewing these kinds of applications. They want to make sure the element is truly unique and tied to a specific company. That’s where I come in as a trademark attorney. I help my clients gather the right evidence and prepare a strong case.

Tips for Business Owners

If you’re a business owner and thinking about trademarking something unusual, here are a few tips:

  1. Be Consistent – Use your special color, sound, or shape in the same way over time. Repetition helps customers link it with your brand.

  2. Be Unique – Make sure your element isn’t something common or used by other companies.

  3. Build Recognition – Try to make your brand element famous! Marketing and customer experience matter a lot.

  4. Get Legal Help – This process can be tough. An attorney (like me!) can help you figure out if your idea is strong enough and guide you through the trademark system.

Final Thoughts

Trademarking unconventional elements like color, sound, smell, and shape is a creative way to protect your brand. It’s not something every business can or should do, but when it works, it can be powerful. These elements can become just as important as your name or logo.

As a trademark attorney in Westminster, I’ve seen how these types of trademarks can give businesses an edge. If you’re building a brand and want to explore something beyond the basics, it might be time to think outside the box—and maybe even trademark what’s inside the box!

If you have questions or want to learn more about how to protect your unique brand, feel free to reach out. I’d be happy to help.


Contact us:

CANEI

13950 Milton Ave. Suite 300, Westminster, CA 92683, United States

714-783-2222

Location: Westminster, CA, USA

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