Furthermore, a term that is not initially generic may become so, if consumers come to believe that a mark is the generic name of a type of product. Virtually anything capable of indicating source may serve as a trademark. A few examples are discussed below. Letters and numbers may be used as marks. For example, ABC, CBS and NBC are readily recognizable as the service marks of a major radio and television broadcasting networks.
Slogans can function as marks.
A color or combination of colors may function as an indicator of source and be registered as a trademark. Musical notes, and other sounds, have been federally registered. A federal registration has even been granted for a particular fragrance, reminiscent of plumeria, used to identify sewing thread. However, if other physical arrangements can perform the same functions without sacrificing a functional advantage, the design may be considered non-functional. The law protects trademarks based on bona fide commercial use in commerce subject to Congressional regulation.