What can be registered as a trade mark?
What can be registered as a trade mark?
The vast majority of trade mark applications will be for words or logos. The logo may or may not have words, e.g. the Nike tick.
However, for many years, it has been technically possible to register:
- Sounds;
- Smells;
- Packaging of goods;
- The shapes of goods;
- Slogans;
- Colours;
- Gestures;
- Taste (although the application for strawberry flavoured pharmaceuticals was ultimately unsuccessful)
Since the entry into force of the EU Trade Mark Regulation 2017/1001 on 1 October 2017, it is now possible to apply to register the following in the EU:
- position marks;
- pattern marks;
- holograms;
- multimedia trade marks;
However, despite the widening of the scope of what can be classified as a trade mark, words and logos are still the most sought after forms of trade mark protection.
This is probably for two reasons. Firstly, words and logos are generally considered to be the most memorable type of trade mark. Companies have, for many years, invested vast sums of money into their names and logos so that they are recognised by the public.
Secondly, trade mark lawyers are well aware of the difficulties in registering unusual types of trade marks. Proving that the consumer, when seeing a silver and blue can, would assume it to be a can of Red Bull, or that purple-packaged confectionary could only be Cadbury’s, is a significant and expensive task. It requires vast amounts of evidence, impartial trade mark surveys, and extensive written arguments.
Nevertheless, if your product has an unusual distinguishing feature, you will probably wish to protect it. Whether this is by way of trade marks instead of patents, registered designs, copyright or trade secrets is something that requires careful thought and planning. Take the first steps to protect your creations with Neelam, Bernard and Adam by calling 01869 692 888, or email team@tma.eu.