Can You Trademark a Slogan, Sound, or Color? What Entrepreneurs Need to Know

Episode Summary: In this episode of Inherently Distinctive, attorney Mark Goodman dives deep into the world of nontraditional trademarks. From the iconic chimes of NBC to the signature brown of UPS, Mark breaks down what entrepreneurs need to know about protecting brand elements beyond names and logos—including slogans, sounds, colors, and trade dress. He also explains the difference between design patents and trade dress, and how strategic filings can enhance your legal protection. Whether you're branding a new product or expanding an existing business, this episode is packed with crucial information for safeguarding your intellectual property. Key Timestamps: 00:00 – Introduction to nontraditional trademarks 00:39 – Can jingles and sounds really be trademarked? 01:16 – “Just Do It”: Trademarking slogans and catchphrases 01:44 – Why each trademark element requires a separate filing 03:06 – Why registering your name in text form is most important 04:24 – Building a comprehensive trademark “war chest” 04:25 – What is trade dress and how does it differ from design patents? 06:55 – Lifespan of design patents vs. trade dress rights 08:13 – Why utility and aesthetics must be distinct to qualify 10:19 – Can you trademark a color? UPS brown and other examples 11:58 – When to claim color in your trademark application 13:32 – Strategic tips for black-and-white vs. color logo filings 15:30 – Which industries benefit most from nontraditional trademarks 16:34 – The process of filing sound marks and trade dress 17:29 – Most unusual trademark case: restaurant layout as trade dress 19:18 – Final thoughts and how to connect with Mark   About the Show: Inherently Distinctive is a podcast featuring attorney Mark Goodman, whose practice focuses on patent law, trademark law, copyright law, and business law related to innovation. The show provides valuable insights and practical advice for businesses and individuals navigating intellectual property matters. Learn more at: goodmanlawnevada.com