A Building Can Be a Trademark

Many of us know that trademark protection can be granted for the actual design of a product, like, for example, the famous Coke bottle. You know what to expect when you see it on the shelves, and we might refer to it as trade dress.

To register this type of trademark, though, Applicants must spend several years on the market to acquire what we call “distinctiveness”.

In May, however, the Trademark Trial and Appeals Board (TTAB) determined there can be an exception to this rule. Specifically, they found that a building that is so uniquely shaped that consumers would immediately rely on it to differentiate one business from another is suitable for registration as a trademark.

How unique does the building have to be? That’s hard to define, but for now, a casino shaped like a guitar is now a registered trade dress for Seminole Tribe of Florida. You can book a room here if you like.

A portion of the TTAB decision in favor of Seminole of Florida.