that other companies used holograms on trading cards and other products as anti-counterfeiting devices, and there was no evidence that the public would perceive applicant's hologram as an indicator of source. 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 at 1693. Therefore, in the absence of evidence of consumer recognition as a mark, the examining attorney should refuse registration on the ground that the hologram does not function as a mark, under §§1, 2 and 45 of the Trademark Act, 15 U.S.C. §§1051, 1052 and 1127. Generally, if a hologram has two or more views, the examining attorney should also refuse registration under §§1 and 45 of the Trademark Act, 15 U.S.C. §§1051 and 1127, on the ground that the application seeks registration of more than one mark. In re Upper Deck, supra. See TMEP §807.01. Provided the applicant can demonstrate that the use of a hologram or moving image both serves as a mark and is not functional, an application for such a mark may be made to either register. That being said, Examining Attorneys are instructed to refuse an application for registration of a hologram if the applicant does not provide evidence of consumer recognition of the hologram as a mark. the applicant seeking registration of a hologram must submit a drawing of the mark that captures the dimensions thereof. Further, Examiners are instructed to refuse registration of any holograms that show two different images on the grounds that the application is seeking protection for two separate marks. Further, the application must include detailed written description of the mark. During publication the drawing pages for these marks are published and thereafter the drawing page is incorporated into the registration certificate which is made available at the USPTO as well as the USPTO website, see first external link. External links Welcome to the non-traditional Trade Mark Archives — the non-traditional trade marks archives of Ralf Sieckmann include, amongst other things, a database of sound trade marks (see "sound marks" link) holograms - the next generation of trademarks? — contribution of Ralf Sieckmann in IP Review 13, Jan. 2006 and of the 2007 listing. The fresh version of Non-Traditional Trade Mark Archives under publications Holography Intellectual property law Trademark law