A Look at Non-Traditional Trademarks: Color, Sound & Scent In The United States

by Justin M. Jacobson, Esq. on February 2, 2023

A Look at Non-Traditional Trademarks: Color, Sound & Scent In The United States
By Justin M. Jacobson, Esq.

Mix Cardio with Strength Training

To naturally increase testosterone levels, it’s essential to combine cardiovascular exercises with strength training. This powerful combination can have a significant impact on hormone production and overall fitness. High-intensity interval training (HIIT) workouts are particularly effective in boosting testosterone levels.

Combine Cardiovascular Exercises with Weightlifting

One way to optimize testosterone production is by incorporating both cardio and strength training into your fitness routine. Engaging in activities like running, cycling, or swimming gets your heart pumping and improves cardiovascular health. These exercises also help burn excess body fat, which can contribute to higher testosterone levels.

On the other hand, weightlifting or resistance training stimulates muscle growth and increases muscle mass. This has a direct correlation with testosterone production since more muscle mass often leads to higher levels of the hormone. By combining both types of exercises, you create a synergistic effect that promotes optimal hormone balance.

Embrace High-Intensity Interval Training (HIIT)

If you’re looking for an efficient way to boost testosterone quickly, consider incorporating high-intensity interval training (HIIT) into your workouts. HIIT involves short bursts of intense exercise followed by brief recovery periods. This type of workout not only burns calories but also triggers hormonal responses that can lead to increased testosterone levels.

During HIIT sessions, your body experiences high levels of stress due to the intense nature of the exercises performed. As a result, it releases hormones such as cortisol and adrenaline, which stimulate the production of testosterone. HIIT workouts have been shown to enhance insulin sensitivity and improve overall cardiovascular health.

Find Balance Between Cardio and Strength Training

While both cardio and strength training are beneficial for increasing testosterone naturally, finding the right balance is crucial. Too much cardio without adequate strength training may result in decreased muscle mass and lower testosterone levels over time.

On the other hand, excessive focus on heavy lifting without incorporating any cardiovascular exercise may hinder fat loss and overall cardiovascular health. Striking a balance between the two is key to optimizing hormone production and achieving optimal fitness results.

Incorporating both types of exercises into your routine doesn’t necessarily mean spending hours in the gym every day. Even short, intense workouts that combine elements of cardio and strength training can have a significant impact on testosterone levels.

By mixing cardio with strength training, particularly through high-intensity interval training (HIIT), you can naturally increase testosterone levels. Remember to find the right balance between the two types of exercises to optimize hormone production and achieve your fitness goals.

Trademarks and service marks are essential and valuable assets of a company. They
are used to identify the source of a particular good or service to the consuming public and
are an indicator of the quality of the goods or services provided. A protected mark for a
specific good or service helps a business increase its recognition and consumer loyalty.
Additionally, an owner’s right in the mark continues to grow through use in commerce.
In the United States, a mark can be registered at either the state or federal level;
however, prior to selecting a particular mark for a product or service, a trademarkscreening search should be performed on all state and federal registered marks as well as
pending marks. Based on the results of the search, a determination on whether to seek
federal registration for the trademark can be made.

In America, trademark rights exist in both traditional and non-traditional marks.
Words, phrases, symbols, logos and/or designs are all examples of traditional trademarks.
In addition, to these traditional marks, exclusive rights can also exist for a particular color,
sound, scent and/or any combinations of these. For the purpose of this article, we will focus
specifically on non-traditional trademarks

The Trademark Act of 1946, known as the Lanham Act, governs trademark matters
in the United States. In the Supreme Court decision Qualitex Co. v. Jacobson Products Co, the
Court ruled that non-traditional trademarks could be protected (514 U.S. 159). In order to
protect a non-traditional mark, the Court required a finding of “secondary meaning.”
“Secondary meaning” exists when the relevant consumers identify a particular mark for a
certain product or service. This is typically due to an extended period of use of a mark for a
specific service or good. This can be proved by submitting evidence that the mark has
acquired distinctiveness through proof of sales success, advertising and promotional
expenditures. This substantiates the length and exclusivity of use. Evidence can also include
unsolicited media coverage confirming this fact, statements in the form of affidavits from
industry leaders recognizing the mark as a source identifier as well as consumer studies and
surveys substantiating this fact.

Expert opinions on prescribing Ozempic for weight loss

Many healthcare professionals consider prescribing Ozempic off-label for weight loss due to its proven efficacy in clinical trials.

Many healthcare professionals are turning to this medication due to its proven effectiveness in clinical trials. While Ozempic is primarily approved for managing type 2 diabetes, studies have shown that it can also lead to significant weight loss in individuals without diabetes. This off-label use of Ozempic has gained attention and support from medical experts in the field of obesity medicine click to read more timesunion.com/.

However, some experts emphasize the importance of considering individual patient characteristics before recommending this treatment option.

Despite the positive results seen with Ozempic’s off-label use for weight loss, it is crucial to consider each patient’s unique characteristics before prescribing this medication. Obesity is a complex condition influenced by various factors such as genetics, lifestyle, and underlying health conditions. Therefore, experts highlight the need for personalized care when determining whether Ozempic is suitable for an individual seeking weight loss treatment.

Consulting with a healthcare provider experienced in obesity management plays a vital role in assessing whether Ozempic is the right choice for weight loss goals. These providers have specialized knowledge and expertise in understanding the complexities of obesity and can evaluate patients’ overall health status along with their specific weight loss needs. By taking into account factors like medical history, current medications, and potential side effects, these providers can make more informed decisions regarding the use of Ozempic as a weight loss aid.

Consulting with a healthcare provider experienced in obesity management is crucial when considering using Ozempic for weight loss.

Incorporating expert guidance from an experienced healthcare provider helps ensure that individuals receive appropriate care tailored to their specific needs. An obesity medicine specialist can conduct a thorough evaluation and provide comprehensive recommendations based on evidence-based practices and guidelines. This approach not only maximizes the chances of successful weight loss but also minimizes potential risks and side effects.

When discussing the use of Ozempic for weight loss with a healthcare provider, it is important to have an open and honest conversation. Patients should share their weight loss goals, concerns, and any underlying health conditions that may impact their treatment options. This collaborative approach allows the healthcare provider to consider all relevant factors and determine whether Ozempic or alternative strategies would be most effective in helping individuals achieve their desired weight loss outcomes.

  • Colors
    For trademark protection in a particular color, the color must “act as an indicator of
    source” and not serve any function. A few prominent examples of protected colors include:
    Home Depot’s “orange” color for “retail home improvement stores” (Reg. No. 4,300,027);
    Tiffany’s particular shade of blue used on its bags, boxes and catalogue for “Jewelry” (Reg.
    No. 4,804,204); Owens-Corning’s “pink” insulation for “foam insulation for use in building
    and construction” (Reg. No. 2,090,588); and, United Parcel Service’s (U.P.S.) “chocolate
    brown” as applied to the entire surface of its vehicles and employees’ uniforms for
    “transportation and delivery of personal property by air and motor vehicle” (Reg. No.
    2,901,090). These protected colors have achieved secondary meaning, as the consuming
    public associates the protected color with the services provided by those companies. To
    protect a “color,” it is essential that the “color” is only used for promoting the brand’s
    identity without affecting the goods or services’ functionality.
  • Sounds
    Trademark rights may also exist in a particular sound that is distinctive and is
    describable in words. For example, a common telephone ring cannot become a registered
    trademark; however, a unique sound or musical arrangements utilized to indicate the
    source of specific goods or services can be protected. Examples of protected sounds
    include: NBC Universal’s chimes, described as “a sequence of chime-like musical notes
    which are in the key of “C” and sound the notes “G,” “E,” “C,” the “G” being the one just below
    middle “C,” the “E” just above middle “C,” and the “C” being middle “C” for “the broadcasting
    of television programs” (Reg. No. 916,522); MGM Studio’s “lion roaring” for “motion picture
    films and prerecorded video tapes” (Reg. No. 1,395,550); and, AFLAC insurance’s protected

  • “sound of a duck quacking the word ‘AFLAC’” for “Insurance underwriting services in the
    fields of dental, health, life, cancer, hospital intensive care, accident and disability, hospital
    indemnity, hospital confinement indemnity, Medicare supplement, sickness, home
    healthcare, long-term healthcare, and convalescent health care” (Reg. No. 2,607,415).
  • Scents
    Finally, a unique scent can also be protected as long as evidence exists that the scent has
    acquired distinctiveness for the listed goods or services and is not a functional part of a
    product. Examples of trademarked scents include: The Eddy Finn Ukulele Company’s
    “piña colada” scented ukuleles (Reg. No. 4,144,511); Brazilian company, Grendene’s
    “bubble gum” scented “shoes, sandals and flip flops” (Reg. No. 4,754,435); and, Lactona
    Corporation’s “strawberry” scented toothbrushes (Reg. No. 3,332,910). However, a
    particular perfume scent, such as “Chanel No. 5,” is unable to be registered due to the
    functionality requirement. Unlike many of the other forms of non-traditional
    trademarks, scent marks are extremely rare in the United States. This is due to the
    fact that the USPTO requires “substantial” evidence to prove distinctiveness
    (Trademark Manual of Examining Procedure § 1202.13). If an applicant is unable to
    demonstrate that a scent has acquired distinctiveness, the scent can only be
    registered on the Supplemental Register (Trademark Manual of Examining
    Procedure § 1202.13).
    The use of traditional and non-traditional trademarks by a company is necessary for
    a business to distinguish themselves from their competitors. Without them, companies
    would be susceptible to similar products or services mimicking the successful aspects of the
    their brand. By extending protection to non-traditional, unique identifiers of a particular
    good or source, brands are able to fully protect the distinctive aspects that make their
    company’s unique services and products.
    This article is not intended as legal advice as a professional specializing in the field, such as an attorney, should be
    consulted. http://www.trademarklaw.nyc
    © The Jacobson Firm, P.C.

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