Unique or Unusual Types of Trademarks
Many things theoretically can function as a trademark. A trademark simply needs to link a product to a company in a consumer’s mind. Normally, trademarks are words, phrases, logos, symbols, or acronyms. However, there are new classes of items that can be trademarked. These include such items as sound, such as the Intel jingle, the inhaling and exhaling sound of Darth Vader’s breath, and the sound of lighting a Zippo lighter.
Color, or color schemes, such as brown UPS trucks and pink insulation have also been trademarked. Trade dress, which includes product packaging, such as a Coca-Cola bottle, have been trademarked. Finally, smells can be trademarked. For instance, the smell of Play-Doh has been registered. As you can tell, the breadth of items that can be trademarked has increased over the years.
If you have more questions, I suggest consulting with an experienced trademark attorney.