A trademark is a type of intellectual property most often consisting of a word, phrase, or logo that identifies the source of ownership of one’s goods and/or services and legally differentiates such goods or services from others in the industry. In rare instances, one can even obtain a trademark consisting of a scent or sound.
Five of the most unique and bizarre trademarks that have registered with the United States Patent and Trademark Office (USPTO) are listed below.
- “THAT’S HOT” – Paris Hilton
During the early 2000s, “That’s hot” became a widely recognized catchphrase associated with Paris Hilton’s public persona. Paris Hilton frequently used said catchphrase in her reality television career, especially on The Simple Life, as a signature reaction to strange or awkward situations.
On February 13, 2007, nearly three years after the initial application was filed, the trademark THAT’S HOT® registered with the USPTO in conjunction with various clothing goods. See US RN 3209488.
In 2007, Paris Hilton sued Hallmark Cards over a birthday card that depicted a cartoon-version of her and included her “That’s Hot” catchphrase. Hilton alleged claims of i) trademark infringement; ii) false designation under the Lanham Act; and iii) misappropriation of publicity under California common law. In 2009, the U.S. Court of Appeals for the Ninth Circuit dismissed the trademark infringement claim but allowed the false designation and misappropriation claims to proceed. In 2010, after three years of litigation, Hilton and Hallmark settled the case.
- “THE” – The Ohio State University
In 2019, The Ohio State University applied for trademark protection based on its long-standing emphasis on its full name: The Ohio State University. Although “The” is obviously one of the most commonly used words in the English language, The Ohio State University’s trademark THE® officially registered for certain collegiate clothing goods with the USPTO on June 21, 2022. See US RN 6763118.
On April 23, 2021, The Ohio State University had filed an Opposition proceeding with the USPTO Trademark Trial and Appeal Board (TTAB) against Defendant Marc Jacobs Trademarks, LLC for its use of its own THE® trademark in conjunction with various clothing goods and accessories; however, on August 26, 2021, the Opposition proceeding was terminated after the parties seemingly entered into a settlement agreement.
- Usain Bolt Silhouette Logo – Usain St. Leo Bolt
On August 24, 2024, the USPTO issued the registration certificate for Usain Bolt’s, the eight-time Olympic gold medalist sprinter, logo mark that “consists of the silhouette of a man in a distinctive pose, with one arm bent and pointing to the head, and the other arm raised and pointing upward”:[i]
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US RN 7370752. Usain Bolt’s logo mark, which mimics the shape of a lightning bolt and became an iconic pose recognizable to fans worldwide, is registered for various clothing goods, jewelry, games, action figures, sports-related services, and restaurant services. See id.
- Law & Order “Dun Dun” Sound – NBC Universal Media, LLC
NBC Universal’s extremely popular show, Law & Order, initially aired in 1990. After nearly 15 years of airtime, NBC Universal applied for a trademark for the show’s famous “Dun Dun” sound in 2005. The sound mark covering television program services registered with the USPTO on September 5, 2006. See US RN 3137680.
Notably, NBC Universal was the first company to ever register a sound mark with the USPTO: the NBC chimes, a distinctive three-note chime sequence used by NBC to signal the end of a show and start of a station break. See US RN 916522.
- The Scent of Play-Doh – Hasbro, Inc.
Hasbro, Inc. may take home the gold for most bizarre trademark. On May 15, 2018, the USPTO issued the registration certificate for Hasbro’s non-visual scent mark for “Play-Doh,” whereby said scent is described as “[a] unique scent formed through the combination of a sweet, slightly musky, vanilla-like fragrance, with slight overtones of cherry, and the natural smell of a salted, wheat-based dough.” US RN 5467089. Hasbro successfully claimed that its scent mark for Play-Doh had acquired distinctiveness through its substantially exclusive and continuous use of the mark in interstate commerce for at least five years. See id.
Conclusion
Whether it be a word, phrase, logo, scent, or sound mark, obtaining such a federal trademark provides the trademark owner the exclusive right to use the trademark nationwide and allows the owner to pursue an infringement action against others for using an identical or confusingly similar trademark. The five trademark registrations listed above provide a wide (and bizarre) array of how individuals and companies can secure trademark protection with the United States Patent and Trademark Office.
Paul Stevenson is a senior associate attorney with Ritter Spencer Cheng PLLC who practices trademark law and successfully secures registration of numerous federal trademarks for his clients and manages worldwide trademark portfolios.
Blog Disclaimer: This blog is for informational purposes only, and we are not providing legal guidance, so please consult with an attorney for specific legal advice.
