A hologram trademark is a non-conventional trademark where a hologram is used to perform the trademark function of uniquely identifying the commercial origin of products or services.
In recent times holograms have been increasingly used as trade marks in the marketplace. However, it has traditionally been difficult to protect holograms as trademarks through registration, as a hologram was not considered to be a 'trademark'. This issue was addressed by the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights, which broadened the legal definition of trademark to encompass "any sign...capable of distinguishing the goods or services of one undertaking from those of other undertakings" (article 15(1)).
Despite the recognition which must be accorded to holograms trademarks in most countries in other fields of the art, the graphical representation of such marks sometimes constitutes a problem for trademark owners seeking to protect their marks, and different countries have different methods for dealing with this issue.
... In the United States, the trademark manual for examination requires under 1202.14 that a hologram used in varying forms does not function as a mark in the. 59 USPQ2d 1688 (TTAB 2001), where the Board held that a hologram used on trading cards in varying shapes, sizes, and positions did not function as a mark, because the record ... The Board noted that "the common use of holograms for non-trademark purposes means that consumers would be less likely to perceive applicant's uses of holograms as trademarks." 59 USPQ2d ...