Trademark law in the United States has long protected words, logos, and slogans that identify the source of goods and services. Increasingly, however, brand owners—and now celebrities—are turning to non-traditional trademarks to protect distinctive elements that fall outside conventional word and design marks. These developments are occurring against a backdrop of rapid technological change, including the rise of artificial intelligence, deepfakes, and synthetic media, which have sharpened concerns about unauthorized use of identity, voice, and creative expression.
Celebrity Identity, AI, and the Expanding Role of Trademark Law
Recent press coverage has focused on trademark registrations associated with the actor Matthew McConaughey, particularly relating to his distinctive voice and well-known catchphrases, including “alright, alright, alright” (U.S. Reg. 8,070,191) and his measured cadence in the phrase “just keep livin’ right … I mean … what else are we gonna do” (U.S. Reg. 7,995,852).
McConaughey’s efforts have been widely characterized as a proactive attempt to deter unauthorized AI-generated voice cloning and impersonation. While rights of publicity and unfair competition doctrines remain central tools for addressing misuse of a person’s likeness or persona, trademark registration offers a complementary, federally recognized mechanism focused on source identification and consumer confusion.
Commentators have suggested that McConaughey’s approach may signal a broader trend among public figures who wish to establish clearer legal boundaries around how their voices, signature expressions, or performance styles may be used in an AI-driven marketplace.
Sound Marks: Protecting What Consumers Hear
Sound marks are among the most established categories of non-traditional trademarks in the United States. To qualify, a sound must function as a source identifier rather than as a mere ornament or functional element. Well-known examples include:
- The quacking of the word “AFLAC,” registered by American Family Life Assurance Company for insurance services (U.S. Reg. 2,607,415).
- Homer Simpson’s exclamation “D’OH,” registered by Twentieth Century Fox for entertainment services (U.S. Reg. 3,411,881).
- The NBC chimes, registered for broadcasting of television programs (U.S. Reg. 916,522).
These registrations illustrate that verbal and non-verbal audio elements can serve as powerful brand identifiers when they are consistently used and recognized by the public.
Scent Marks: Trademarks You Can Smell
Scent marks are far less common, largely because of the difficulty in proving distinctiveness and non-functionality. Nonetheless, the USPTO has recognized certain scents as trademarks where they operate solely to identify the source, such as:
- The scent of Play-Doh, registered for toy modeling compounds and described as “a scent of a sweet, slightly musky, vanilla fragrance, with slight overtones of cherry, combined with the smell of a salted, wheat-based dough” (U.S. Reg. 5,467,089).
- A flowery must scent registered by Verizon for its retail store services (U.S. Reg. 4,618,936).
The registration of scent marks underscore the USPTO’s willingness, under the right evidentiary showing, to protect sensory branding beyond sight and sound.
Color Marks: When a Hue Becomes a Brand
Color marks have become one of the most commercially significant forms of non-traditional trademark protection, particularly for companies that have invested heavily in consistent visual identity. Prominent examples include:
- The color brown, registered by UPS for delivery services (U.S. Ref. 2,159,865).
- A green-and-yellow color combination registered by John Deere for tractors and other agricultural machinery (U.S. Reg. 3,854,025 and others).
- Canary yellow registered by 3M for stationery notes (U.S. Reg. 2,390,667).
- The color pink, registered for insulating materials, by Owens Corning (U.S. Reg. 1,439,132).
In each case, the registrant demonstrated that the color had acquired distinctiveness and was not essential to the product’s function.
AI, Voice, and the Growing Celebrity Backlash
Concerns about AI-generated imitation are not limited to a single industry or individual. In 2024, Scarlett Johansson publicly stated that she was “shocked” and “angered” after OpenAI released a chatbot voice that she described as eerily similar to her own. OpenAI subsequently removed the voice while maintaining that it was not intended to imitate the actress.
In June 2025, an AI video generator hosted on X was accused of producing sexually explicit clips of Taylor Swift without prompting.
Other well-known figures have also spoken out. In August 2024, Tom Hanks issued a public warning to fans about advertisements using his likeness without authorization, highlighting the growing ease with which AI tools can be misused.
What May Follow?
If trademark registrations are increasingly used to supplement publicity and copyright protections, similar strategies may emerge across a range of creative industries, including:
- Musicians and recording artists, seeking to protect distinctive vocal timbres, spoken-word intros, or signature ad-libs from AI replication.
- Voice actors and narrators, whose livelihoods depend almost entirely on vocal identity.
- Athletes, particularly those with recognizable iconic expressions, spoken rituals, or recognizable cadence used in endorsements.
- Content creators and influencers, whose brand value often lies in a consistent voice, tone, or catchphrase delivered across digital platforms.
- Game designers and virtual performers, where character voices and sound cues are central to brand recognition.
Takeaways
Non-traditional trademark registrations are strategic assets in brand and identity protection, particularly as technology blurs the line between authentic expression and synthetic imitation. For businesses and individuals alike, these registrations can provide an additional layer of legal protection, working alongside copyright, design rights, and rights of publicity to address modern forms of infringement.
As AI tools continue to evolve, so too will the creative use of trademark law. The challenge for rights holders will be identifying which elements of identity truly function as trademarks and assembling evidence of consumer recognition necessary to convince the USPTO to issue a trademark registration.