When most people think of trademarks, their mind immediately goes to logos—maybe the Nike swoosh or the Apple icon. But trademark law goes much deeper than just visuals. It protects anything that identifies the source of goods or services in the minds of the public.
What Is a Trademark?
A trademark is any word, symbol, sound, scent, or even color that helps consumers identify the origin of a product or service. If you see or experience something and immediately associate it with a specific company or brand, there’s a good chance it’s protected under trademark law.
Take the blue oval on the front of a car—you instantly know it’s a Ford. The same goes for the iconic Nike swoosh on a pair of sneakers. These are visual trademarks, and they’re everywhere. But trademarks can go far beyond what we see.
Sounds, Scents, and Colors—Yes, Really
Trademark law covers some unexpected forms of branding:
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Sounds: The mechanical breathing of Darth Vader is actually a registered trademark owned by Lucasfilm Ltd. It helps consumers recognize products related to the Star Wars franchise. Similarly, the familiar chimes of NBC? Trademarked.
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Scents: Some retail stores infuse their spaces with unique fragrances—and yes, even those scents can be trademarked if they serve to identify the brand.
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Colors: That distinctive robin egg blue used by Tiffany & Co.? It’s a trademarked color. When consumers see that exact shade on a box or ribbon, they associate it instantly with luxury jewelry.
Why It Matters
Trademark law exists to protect consumers from confusion and to help businesses safeguard their brand identity. When someone sees, hears, or smells something trademarked, they’re supposed to know exactly where it comes from—and that familiarity builds trust, reputation, and loyalty.
So the next time you recognize a brand without even seeing its name, remember: that’s trademark law at work.