How To Register A Common Shape As Your Trademark

Generally, a background design for a word trademark cannot be registered apart from the word mark unless the design is so intricate that it makes its own commercial impression as an inherently distinctive design.

Most background designs are common geometric shapes such as circles, squares, rectangles, triangles or ovals.  Such a design fails to function as an indication of the source of the goods or services unless there is proof that the background design has acquired distinctiveness separate and apart from the word mark—known as acquiring a "secondary meaning."

Melissa & Doug, LLC applied to register a red oval with a white border as a logo for a variety of books, arts and crafts materials and kits, stationery, toys, games and puzzles, and online retail store services featuring those products.