Trademark Types Explained

John Wilson • May 14, 2024

Types of Trade Marks

Word Mark

A word mark is a trademark consisting exclusively of words, letters, numbers or any combination thereof, used to identify and distinguish the source of goods or services from those of others. Unlike graphic logos or design marks, which include stylized elements or symbols, word marks consist only of textual characters. A word mark registration is protected in a plain font, without regard to any particular graphic stylization or design feature. It ensures the owner has exclusive rights to use those specific words in relation to their products or services, regardless of the format, font or style. This helps prevent others from using a similar or identical name in a way that could cause confusion among the purchasing public.

Sample Word Marks

For example, famous word marks include Coca-Cola, Disney, Facebook and FedEx, including the following samples taken from the USPTO trademark website:

The word gucci is written in black on a white background.

Figurative Mark

A figurative mark, also known as a logo mark or non-text graphic mark, is a type of trademark that includes symbols, designs, graphics, or a combination of these without words. Unlike a word mark, which is concerned solely with textual elements in a standard font, a figurative mark incorporates distinctive stylized features or imagery that contribute to the brand identity often in an artistic way.

Figurative marks are meant to be visually memorable such that a consumer can readily identify and distinguish the goods or services of a brand owner. The protection provided by a figurative mark typically covers the specific graphical presentation of the mark, including any unique color combinations, shapes, and overall design. There are many famous, and non-famous figurative marks.

Sample Figurative Marks:

A black and white drawing of a hole in a baseball.

A cartoon drawing of a yellow object with black eyes and leg

Combined Mark

A combined mark, or the composite mark, is a trademark that includes both word elements and figurative (graphic or logo) elements. This kind of mark integrates text with symbols, designs, or stylized fonts to create a unique identity for a brand. In a combined mark, the textual and figurative components work together to provide a distinctive appearance, which helps consumers identify and distinguish one brand's goods or services from those of another. The protection of a combined mark covers the specific combination of text and design as it is presented, no protection is formally afforded the words alone or apart from the combined mark itself. This means that you must register a separate word trademark to protect just the words itself without the graphical elements.

Sample Combined Marks:

Shape Mark

A shape mark, also known as a three-dimensional (3D) mark, is a type of trademark that involves the protection of a specific shape of a product or its packaging. This can include the three-dimensional configuration of a product, its surface, or even the design of its packaging. Shape marks distinguish the goods or services of one business from those of others based solely on the physical appearance of the good or item.

To be registrable as a trademark, a shape must be distinctive enough that consumers can recognize the shape as being associated with a particular source of goods or services. This means the shape must be unique or unusual in some way that goes beyond a purely functional or ornamental design. Common examples of shape marks include the contour bottle of Coca-Cola or the shape of the Toblerone chocolate bar. Not all shapes survive the scrutiny of the USPTO and there is some over lap between shape marks and design patents.

Sample Shape Marks:

A black and white drawing of a shoe on a white background.

A black and white drawing of a land rover defender.

A black and white drawing of a diet coke can.

Position Mark

A position mark is a type of trademark that consists of the specific way in which a mark is placed or affixed on a product. This kind of trademark protection covers the placement or specific location of a logo, design, or other graphical element on a product, rather than the content of the mark itself.

The distinctive feature of a position mark is not just the design but how and where the design is used in relation to the product. It can include elements like a stripe on a shoe, a special stitching pattern on jeans, or a logo placement on the pocket of a shirt. A protectable mark is positioned in such a manner that consumers can identify the brand owner by the unique location or configuration.

Sample Position Marks:

A black and white drawing of a watch with two circles and a square on it.

A drawing of a person 's foot with different types of socks.

A black and white drawing of a teddy bear 's head.

Pattern Mark

A pattern mark is a type of trademark that consists of a specific, distinctive, and repetitive design or pattern applied to the surface of a product or its packaging. This type of mark uses a series of elements or motifs that are regularly repeated to create a unique visual effect that identifies and distinguishes a brand's goods or services.

Pattern marks are particularly useful for brands that want to create a signature look recognizable across various products or ranges. For instance, the distinctive check pattern of Burberry or the repeating monogram of Louis Vuitton are examples of pattern marks that have become synonymous with their respective brands.

Sample Pattern Marks:

A close up of a plaid pattern on a piece of fabric.

Color Only Mark

A color only mark, sometimes referred to simply as a color mark, is a type of trademark where a specific color or combination of colors is registered and protected, independent of any design or textual element. This kind of trademark asserts exclusive rights to use a particular color in association with specific goods or services, where the color itself acts as a brand identifier.

To be registered as a trademark, a color or color combination must be shown to have distinctive character. This often requires demonstrating that the color has acquired distinctiveness through extensive use, meaning consumers have come to recognize the color as a specific indicator of the source of the goods or services. For example, the pink color of Owens-Corning fiberglass insulation or the distinctive red soles of Christian Louboutin shoes are registered color only marks.

Sample Color Marks:

Sound Mark

A sound mark is a type of trademark where a specific sound is used to uniquely identify the source of goods or services. This kind of trademark is not based on visual elements like words, logos, or designs, but rather on auditory cues. Sound marks must be distinctive and capable of being represented graphically, typically through musical notation, a sonogram, or a detailed description of the sound.

To qualify for registration, a sound mark must be distinctive enough that consumers can associate the sound with a particular source or brand without any visual aid. This often means the sound cannot be merely functional or generic within the industry. Examples of registered sound marks include the iconic MGM lion's roar, the NBC chimes, or Intel’s distinctive five-note bong. You will find that the sounds are instantly recognizable to many consumers and, in fact, most strongly associated the sounds with the brand.

Sample Sounds Marks:

Scent Mark

A scent trademark is a non-traditional trademark involving aromas, smells, or fragrances used to uniquely identify and distinguish the products or services of the scent creator. Unlike more common trademarks such as logos, names, or slogans, scent trademarks are based on olfactory senses and are registered based on the distinctive smell they present to the public. Scent trademarks are relatively rare and very hard to secure, given the plethora of evidence that must be presented showing that the scent triggers in the mind of the public the source of the fragrance. For a scent to be eligible for trademark protection, it must meet certain criteria:

Distinctiveness: The scent must be distinctive and serve as an identifier of the product’s origin to the consumer. It cannot be a functional aspect of the product; for instance, a scent added to a perfume cannot be trademarked because the fragrance is a functional part of the perfume.
Consistency: The scent must remain consistent over time and across different batches of the product, which can be difficult to maintain in production.
Describability: The trademark application must clearly describe the scent in a precise and objective manner, which can be challenging since scents are subjective and can be perceived differently by different people.

Examples of successful scent trademarks include the smell of fresh cut grass for tennis balls, a floral fragrance used in yarn, bubble-gum scented shoes, sandals, flip flops, and accessories, and strawberry scented toothbrushes.

Multimedia Mark

A multimedia mark is a type of trademark that combines multiple elements such as sound, motion, and sometimes visual changes over time to create a distinctive branding element. This kind of trademark is more complex than traditional marks because it involves a sequence of events or a combination of media to convey the brand identity.

Multimedia marks are used in digital environments and can be particularly effective in capturing consumer attention through dynamic and engaging content. For instance, a multimedia mark might involve a specific animation sequence combined with a unique sound that plays when a company’s logo is displayed during a commercial or when starting an application on a device. To register a multimedia mark, it must be distinctive and capable of being represented in a precise and clear manner, often through a combination of video files and sound recordings that illustrate the use of the mark

Sample Multimedia Mark:

A set of shadows of a panther on a white background.

Hologram Mark

A hologram mark is a type of trademark involving a hologram used to identify and distinguish the source of goods or services. Holograms are three-dimensional images created using photographic projection, where the image appears to have depth and changes perspective depending on the viewing angle.

Hologram marks are particularly distinctive due to their dynamic and interactive nature. They can incorporate elements such as changing images, shifting patterns, or other visual effects that are revealed as the viewer changes their perspective or as the lighting conditions vary. For registration as a trademark, a hologram mark must be represented in a manner that clearly details the holographic effect, such as through multiple images showing the various views and stages of the hologram. The mark must also be distinctive and capable of identifying a particular source of goods or services in the mind of the consumer.

Sample Hologram Marks:

A shield with the word scriptshield on it

A black and white image of an american express credit card

Collective Mark

A collective mark is a type of trademark used by the members of a collective group, such as an association, cooperative, or other organization, to indicate membership in the group or to identify goods or services that originate from members of the collective. This kind of mark is used to signify that the user of the mark meets certain standards set by the collective, or represents a certain level of quality or accuracy associated with the group's reputation.

Collective marks differ from standard trademarks in that they are not used by a single company to distinguish its products or services from those of others. Instead, they are used by members of the organization to which the mark belongs. These marks help consumers identify products or services that adhere to the standards or characteristics set by the collective.

Examples of collective marks include the "CPA" mark used by certified public accountants who are members of a professional body that regulates the standards of the accountancy profession, or marks used by cooperatives of farmers to denote products produced with specific agricultural practices.

Certification Mark

A certification mark is a special type of trademark used to indicate that certain goods or services meet a defined standard or possess a particular quality, characteristic, accuracy, or origin which is verified by a certifying authority. Unlike traditional trademarks, which are used by a business to indicate the source of a product or service, certification marks are used by a party other than the owner of the mark to signify compliance with standards established by the mark’s owner.

Certification marks are commonly used for:

Quality assurance: Certifying that products meet certain quality standards set by the certifying organization.
Material: Indicating that products are made of specific materials.
Method of manufacture: Certifying that goods or services are produced in a specific way.
Geographical origin: Verifying that a product comes from a particular place, which often ties into the quality or specific characteristics attributed to that region.

Examples of well-known certification marks include the "UL" mark used by Underwriters Laboratories, which indicates compliance with safety standards, and the "Woolmark," which certifies that products are made from 100% wool.

Sample Certification Marks:

Trade Mark Series

A trademark series, also known as a "series of marks," refers to a group of trademarks used by a single owner that vary slightly but share a common distinctive element. These variations often relate to different versions of a product or service or different elements of a brand that the owner wants to protect under a unified branding approach.

The main characteristic of a trademark series is that each mark within the series maintains a consistent thematic or design element, but features minor modifications that could relate to color, wording, or additional graphic elements. This allows a brand to differentiate between product lines or services while maintaining a coherent brand identity. For example, a company might have a series of trademarks in a same class such as banking, and therefore MyBank could have marks is a series for trademark Class 36 (Insurance and Financial Services) as follows: MyBank E-Banking; MyBank Online Banking; MyBank Internet Banking.

DISCLAIMER: The mention of specific trademarks, service marks, certification marks, products, services, companies, or organizations on this page is solely for educational and illustrative purposes.

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Copyright and Translated Content: Who Owns the Creative Rights?

By John Wilson • February 19, 2025

Copyright and Translated Content: Who Owns the Creative Rights? Understanding Copyright Law and Translation Copyright law protects creative work and bestows sole authority over the work upon the creators. For example, the owner of the work of a novel has the right over the work under the concept of the right under the copyright. Courts have found that “the degree of protection afforded by the copyright is measured by what is actually copyrightable in the publication and not by the entire publication.” See, e.g., Dorsey v. Old Sur. Life Ins. Co., 98 F.2d 872, 873 (10th Cir. 1938) (emphasis added). For translations, the situation is not very clear. Translations involve creative judgments over word translation and not the translation of mere words. Hence the knowledge about the applicability of the concept of the right over the work is essential for establishing the right over the work. For example, a Court in the Northern District of California stated that: “ the determinative question is whether Plaintiff holds a valid copyright. ” Signo Trading Intern. Ltd. v. Gordon, 535 F. Supp. 362, 363 (N.D. Cal. 1981). The Signo Trading Court dismissed Plaintiff’s infringement claims because plaintiff did not have a valid copyright as a matter of law in the translations and transliterations at issue because they lacked the “requisite originality.” Id. at 365. Can Translation Be Considered a Creative Process? The Practice of Translating Translation goes beyond the replacement of one word by the equivalent word from the source text. Translating literary work, poetry, and fiction with deeper meanings beyond the surface text is a complex, artistic process. Translating books like The Iliad, for instance, requires the practice of artistic translation to translate the emotions, thoughts, and the culture correctly. Technical Translations and Legal Translations Conversely, technical writing and texts for the law need less creativity and instead value correctness over all else. These writing forms require strict adherence to the original sense, leaving very little room for artistic interpretation. Translations for these writing forms thus typically involve less creative contribution and less potential for the work being protected by copyright. Why Is Creativity Important for Translations for Copyright? Originality when translating For a work to be subject to copyright, some creativity, however slight, is essential. Even when the translation is taken from the work, the translation also includes some creative work by the translator. This creativity can make the translation subject to copyright. A derivative work must “recast, transform[], or adapt[]” a preexisting work and “consist[] of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship.” Id. In other words, it must change or alter the pre-existing work’s content and must itself be an original work of authorship. The Supreme Court stated that “ [t]he sine qua non of copyright is originality ” and that “ [t]o qualify for copyright protection, a work must be original to the author. ” Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340, 361 (1991) at 345. “Original, as the term is used in copyright, means only that the work was independently created by the author (as opposed to copied from other works), and that it possesses at least some minimal degree of creativity.” Id. (citing 1 M. Nimmer & D. Nimmer, Copyright §§ 2.01[A], [B] (1990)). In granting a Rule 12 motion to dismiss, the Signo Trading Court held that: " It is inconceivable that anyone could copyright a single word or a commonly used short phrase, in any language. It is also inconceivable that a valid copyright could be obtained for a phonetic spelling, using standard Roman letters, of such words or phrases. Although lists of words and translations of larger works may be copyrightable, Plaintiff cannot claim credit for any of the elements which make those things copyrightable. For these reasons, Plaintiff does not hold a valid copyright on the translations or transliterations ... " Signo Trading, 535 F. Supp. at 365. The Problem of the Derivative Work However, translations are generally "derivative works" - derived from the work of another. Because of this, the owner or author of the work is generally required to agree to the translation. Translations made illegally can be held under the classification of copyright violations, even when the translator has added creative elements. Who Has the Right over the Translated Work? Employer-Commissioned Translations Ownership of the copyright for the translation work varies. If the translation is commissioned by the owner of the original work, the owner will retain the right. Even when the translator adds creativity by passing over the original emotions and thoughts, the owner will not necessarily lose the right over the translation work. In some circumstances, the translation work can be accredited by the translator without them holding the right over the work. Independent Translations If a translation is performed independently by the translator, the translator can even be identified as the co-author of the translation. Nevertheless, the author typically has the underlying copyright, restricting the translator’s right over the work. Creative Translations from the Public Domain In certain cases, a translation may be creative enough to warrant its own copyright. For example, a translator adapting a classic work or a book in the public domain into modern language may introduce enough originality to qualify for copyright protection. However, direct, word-for-word translations are typically not considered original enough to receive new copyright protection. What About Machine Translations? The Human Creativity Copyright Requirement Machine-generated translations, including those produced by platforms like OpenAI , operate through advanced algorithms that replicate language patterns rather than capture the human touch. Unlike translations crafted by human translators who often infuse cultural insight and genuine emotion into the work, OpenAI's output is rooted in statistical patterns and data. Consequently, while these translations are impressively efficient and accurate, they typically fall short of the originality required for copyright protection. This distinction underscores the human creativity requirement needed to secure a valid copyright . Ultimately, although machine-generated translations serve as powerful tools, they do not offer the same legal and creative protections as those provided by human translators. The Bottom Line: Navigating Copyright in Translations Translations occupy the middle ground under the law of the copyright. Albeit the right of the original author generally has the right under the copyright, the right under the copyright can also be claimed by the translator provided the translation is creative enough. Central considerations here include the creativity the translator has added, the nature of the work being translated, and whether the work is under the public domain. These considerations establish the right of the owner under the copyright for the translation. Why Wilson Whitaker Rynell for Your Copyright Work? At Wilson Whitaker Rynell, our professional lawyers specialize in the practice of copyright law and copyright litigation , including the complex subject matter of translation work. We can provide you with advice about the ownership of your work under the provisions of the copyright, and protect your creative property. If you are the author, the publisher, or the translator, you can rely upon the advice from our firm. Copyright Translation FAQS

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Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.

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Wrangling Writs of Execution in Texas

By John Wilson • January 23, 2025

Understanding Writs of Execution in Texas: A Layperson’s Guide If a court determines that someone owes money to another party, the debtor—referred to as the "judgment debtor"—typically has 30 days to pay off the debt. If the debt remains unpaid after this time, the creditor, or "judgment creditor," can take legal action to enforce the payment through a Writ of Execution . This legal process, governed by Texas law, enables creditors to collect what they are owed by seizing and selling the debtor’s non-exempt assets. What Is a Writ of Execution? Under Texas Rules of Civil Procedure 629 , a Writ of Execution is a court order that authorizes a sheriff or constable to seize the debtor’s property to satisfy the debt. This writ is an essential tool for creditors when voluntary repayment has not occurred. Once the writ is issued, it is handed over to a county constable or sheriff, who is required to act “without delay” in collecting the debtor’s real and personal property. The seized property is then sold, and the proceeds are used to pay off the debt. If multiple writs are filed against the same debtor, the assets are distributed in the order the writs were received. What Property Can Be Seized Under a Writ of Execution? Texas law is very specific about which types of property can and cannot be seized to satisfy a judgment. Exempt Property Certain assets are protected from seizure under Texas Property Code § 41.001. These include: The debtor’s homestead (primary residence) Wages earned from employment Professionally prescribed health aids Workers’ compensation benefits College savings plans Some insurance benefits Personal property valued up to $50,000 for individuals and $100,000 for families Unique to Texas, the law also protects items like family Bibles, two firearms, pets, and for rural residents, livestock (e.g., 12 head of cattle and 120 fowl). This extensive list reflects Texas's cultural heritage and values. Non-Exempt Property Assets that are generally not exempt include: Vacation homes Timeshares Pleasure boats Airplanes Jewelry exceeding certain value thresholds The specific procedures for seizing different types of property are detailed in Texas Rules of Civil Procedure 639 . Can a Writ of Execution Be Avoided? Judgment debtors have a few options to avoid the execution of a writ: Filing a Supersedeas Bond A supersedeas bond can temporarily halt enforcement of the writ. This bond, filed with the county clerk or justice of the peace, preserves the status quo while the debtor seeks further legal remedies. This option is governed by Texas Rules of Civil Procedure 634 . Challenging the Execution Debtors can file a claim for wrongful execution in situations such as: The debt has already been paid Exempt property is being seized The levy is excessive Additionally, courts take extra care to protect property classified as a homestead under Texas Property Code § 41.002(c) . When only one spouse is responsible for the debt, Texas Family Code § 3.202(a) and related provisions provide guidance on levying against community or separate property. The Role of County Officials in Executing the Writ Once the writ is issued, its enforcement falls on county officials, typically a sheriff or constable. These officials must act in accordance with Civ. Prac. & Rem. Code § 34.072 , which requires them to execute the writ and report back to the court. They must: Give proper notice of the sale of seized property Ensure the proceeds are appropriately delivered to the creditor Avoid overstepping legal boundaries, such as seizing exempt property Failing to execute the writ properly can result in serious consequences, where a sheriff’s refusal to levy on a property initially listed as exempt (but later deemed abandoned) led to court action and damages awarded to the creditor. Preventing Fraudulent Transfers One challenge creditors face is when debtors attempt to hide or transfer assets to avoid collection. To address this, Texas follows the Uniform Fraudulent Transfer Act under Tex. Bus. & Comm. Code § 24.001 et seq .. This act provides legal remedies to creditors when a debtor’s transfer of assets is deemed fraudulent. Effect of a Defendant's Death on Writs of Execution Under Civ. Prac. & Rem. Code § 34.072 , the death of a defendant after a writ of execution is issued halts execution proceedings. However, any lien acquired from the writ's levy is still enforceable by the county court when paying off the deceased's debts. Why Proper Execution Of The Writ Is Crucial The rules for filing and serving a Writ of Execution are strict and detailed. Missteps, such as filing the writ in the wrong county, failing to serve the proper parties, or missing key deadlines, can lead to delays or even render the writ ineffective. Both creditors and debtors must ensure compliance with these rules to avoid unnecessary complications. For creditors, failure to properly enforce the writ could mean losing the opportunity to collect on a judgment. For debtors, not responding appropriately to a writ could result in the loss of valuable assets, even those that might have been exempt.

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The Wilson Legal Group are Dallas attorneys that specializes in Patents, Trademarks, Copyrights, Trade Secrets, Complex Litigation, Business/Corporate Law, Family Law and Real Estate Law. At the Wilson Legal Group, our clients are our focus. Our philosophy is simple and straight-forward: Understand our clients' needs, hopes, and interests in order to help them flourish. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their goals.

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