Fluid Trademarks and Dynamic Brand Identities

As they strive to humanize their brands and keep them relevant, more and more brand owners challenge trademark fundamentals by rejecting static marks in favor of marks that change frequently—and sometimes constantly. Logos increasingly function as brand ambassadors rather than mere signatures to engage consumers. Trade dress escapes the confines  of products and packaging, becoming ever more instrumental in brand identification. These changing source identifiers have come to be known as “fluid marks.” Currently, the law on fluid marks remains nascent. This article offers practical ideas for brand owners and trademark lawyers seeking to keep pace with the brave new world of fluid branding.