Nelson Mullins attorney Holly Collins authored a column for the Jacksonville Business Journal entitled "Non-traditional trademarks gain traction as brands protect distinctive colors and sounds," about the use of creative trademarks.

Trademarks extend well beyond names and logos to include sensory elements like colors, sounds, shapes, and scents. The USPTO grants protection to non-traditional marks — such as Tiffany's iconic blue, NBC's three-note chimes, Coca-Cola's distinctive bottle shape, and Play-Doh's recognizable scent — when they clearly identify a brand's source in consumers' minds. 

"Business owners are known for thinking outside the box and innovating," Collins said. "Trademarks are one more way that business owners can be part of a wave of innovation. Non‑traditional marks can be powerful tools, but they also face higher scrutiny, making early planning and realistic expectations essential for successful brand protection."

You can read the full article here.