Trademark applications often protect brands, slogans, and logos, but some individuals and companies attempt to trademark unexpected words, sounds, and even colors. Intellectual property laws allow businesses to secure unique identifiers, yet courts frequently reject applications deemed too generic or widely used.
As per the USPTO, over 600,000 trademark applications are filed annually in the United States, with a significant portion facing legal challenges. Some cases involve high-profile celebrities and corporations, while others stem from unusual personal claims.
Be sure to check out Slide #12, which features one of the wildest and most lucrative trademark wins in sports and entertainment history. And don’t miss Slide #14, which summarizes all the key takeaways quickly. Below are 12 bizarre trademark attempts, revealing their motivations and legal outcomes.
Paris Hilton’s “That’s Hot”
Reality TV star Paris Hilton trademarked her catchphrase “That’s Hot,” securing exclusive rights to its commercial use. She successfully sued Hallmark for using the phrase on a greeting card, reinforcing her claim to the expression.
Legal experts argue that trademarking common phrases remains controversial, yet Hilton’s case set a precedent for celebrity branding. The case was settled out of court, with Hallmark agreeing to pay Hilton damages of over $500,000.
Usain Bolt’s Victory Pose
Olympic sprinter Usain Bolt secured a trademark for his iconic “lightning bolt” pose, granting him exclusive commercial rights. This move allows the pose to be used in merchandise, advertising, and entertainment services, solidifying his status as a global icon.
The decision demonstrates a strategic approach to building and protecting his brand identity. Experts in trademark law emphasize that trademarking gestures is uncommon. However, Bolt’s case serves as an example of the evolving trends in intellectual property. It showcases the increasing recognition of personal branding in the modern business world.
The Sound of Law & Order
NBCUniversal created the Law & Order franchise and obtained a trademark for its famous “dun dun” sound in 2006. This sound effect received legal protection, barring unapproved commercial usage. Experts in intellectual property law highlight the importance of uniqueness when it comes to sound trademarks.
The success of NBCUniversal’s trademark claim set a precedent in this legal domain. The case stands out for showcasing the ability to secure trademark status for a distinctive audio element. This ruling marked a significant moment in intellectual property rights.
The Color Tiffany Blue
Luxury brand Tiffany & Co. secured a trademark for its iconic blue color to maintain exclusive rights over its jewelry packaging and branding. The courts validated this trademark, establishing an essential legal benchmark for color protection. Many experts emphasize that specific hues create powerful brand identities in the marketplace.
The association of Tiffany Blue with luxury and elegance strengthens the brand’s image. This strategic decision demonstrates the significance of visual elements in shaping consumer loyalty. Analysts view Tiffany’s approach to color branding as a pioneering example of intellectual property utilization.
Donald Trump’s “You’re Fired”
In 2004, Donald Trump sought to secure trademark rights for the phrase “You’re Fired.” The phrase gained widespread recognition through his catchphrase used to eliminate contestants on the television show The Apprentice, which aired weekly on NBC to an audience of 20 million. Trump intended to feature the phrase on various products, including merchandise, games, and materials for his casino enterprises.
At the same time, three other individuals filed applications to trademark the phrase. The United States Patent and Trademark Office (USPTO) ultimately denied all requests, citing its similarity to “You’re Hired,” a trademark already owned by Franklin Learning for its educational game. Susan Brenner, who operated a pottery business, You’re Fired, celebrated this outcome.
Harley-Davidson’s Engine Sound
In 1994, Harley-Davidson attempted to trademark the distinctive rumble of its V-twin engine. The company argued that its exhaust sound was unique enough to warrant trademark protection. However, nine competitors, including Honda, Yamaha, Suzuki, and Kawasaki, opposed the application, claiming that similar engines produced comparable sounds.
After six years of legal disputes, Harley-Davidson withdrew its trademark application in 2000. Experts highlight that sound trademarks require distinctiveness, and courts often reject applications for functional sounds that result from standard mechanical operations.
The Smell of Play-Doh
Toy manufacturer Hasbro gained legal protection for the scent of Play-Doh, granting them exclusive ownership of its unique, sweet, vanilla-like fragrance. This decision showcased the growing acknowledgment of scent trademarks within intellectual property law. Trademarks traditionally cover visuals, symbols, and sounds, but this case demonstrated an extension to scents as a form of branding.
The aroma of Play-Doh holds sentimental and iconic value, connecting generations through its distinct smell. Trademarking this scent helped Hasbro ensure it remains a recognizable and protected part of its brand identity. This development highlighted the evolving scope of what can legally symbolize a brand.
The Shape of a Coca-Cola Bottle
Beverage leader Coca-Cola secured trademark protection for the contour design of its glass bottle in 1977, granting it unique branding rights. Legal rulings supported this move, establishing an essential example for shape-based trademarks in product layouts.
Marketing specialists emphasize that unique packaging designs significantly boost brand visibility. Coca-Cola’s decision to protect its iconic bottle was carefully planned to strengthen its market position.
The bottle’s distinctive silhouette has become inseparable from the brand’s identity. This case underlines the value of innovative designs in setting products apart in competitive markets.
The Phrase “Superhero”
Marvel and DC Comics share ownership of the trademark for the term “Superhero,” restricting its use in commercial contexts. This decision became contentious, with critics asserting that the term should be part of public-domain storytelling.
Experts note that such shared trademarks are uncommon, highlighting the distinct nature of this case. The collaboration on this legal matter underscores both companies’ control over the word’s usage.
Public opinion remains divided, as some view the trademark as excessive protection of corporate interests. Despite the debate, the agreement demonstrates the influence of major media corporations in shaping creative expression.
The Word “Face” by Facebook
Social media leader Facebook pursued a trademark for the word “Face” to gain exclusive control over its use in digital communication services. The effort encountered resistance and resulted in restricted approval for particular applications. Experts in intellectual property law suggest that trademarks for common words are typically challenging to secure.
They emphasize that words widely used in everyday language often fail to meet the distinctiveness requirement. Facebook’s case highlights the complexities of registering broad claims for generic terms. This scenario underscores the balance between protecting innovation and ensuring fair use of language.
The phrase “Let’s Get Ready to Rumble”
Michael Buffer successfully trademarked his signature phrase, “Let’s Get Ready to Rumble,” in the 1990s, securing exclusive rights for its use in entertainment and merchandise. The trademark allowed him to license the phrase for various commercial purposes, including video games, advertisements, and live events.
Buffer’s trademark became one of the most lucrative intellectual property moves in sports entertainment, reportedly earning him over $400 million through licensing deals. His case reinforced the legal precedent for catchphrase trademarks, demonstrating how a well-known phrase can become a valuable asset.
The Word “Apple” for Tech Products
Apple Inc. holds trademark rights for the word “Apple” within the technology industry, specifically covering computers, software, and electronic devices. The trademark prevents unauthorized commercial use in these categories, reinforcing Apple’s brand identity.
Legal experts emphasize that industry-specific trademarks remain enforceable, meaning Apple cannot claim exclusive rights to the word “Apple” outside of its designated business sectors. The ruling sparked debate, as critics argued that common words should remain accessible, but courts upheld Apple’s claim due to its long-standing brand recognition and distinctive association with technology.
KEY TAKEAWAYS
Trademarks can encompass more than logos or names—some extend to phrases, colors, sounds, smells, shapes, and even gestures.
Celebrities and companies often try trademarking iconic elements—like Paris Hilton’s catchphrase, Usain Bolt’s pose, or NBC’s “dun dun” sound—to control their commercial use.
Not all attempts succeed—cases like Trump’s “You’re Fired,” and Harley-Davidson’s engine sound show that courts reject trademarks that lack distinctiveness or are seen as too generic.
Unusual trademarks reveal how branding evolves, with legal protections expanding into sensory elements and personal branding in today’s market.
Disclaimer – The Finance Key does not provide and does not intend to provide financial, investment, tax, or legal advice. Information contained in this article is for informational and educational purposes only. This list is solely the author’s opinion based on research and publicly available information. Including links to third-party content is not an endorsement by The Finance Key of such content or services. Please do your due diligence and use your discretion.
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