CAN I FILE AS A MARK SIGNS OTHER THAN LOGOS OR WORDS?

 

I may consider filing as a mark any distinctive sign likely to identify the origin of my products and services, namely:

 

  • Holograms: the model of the mark must then consist of “one or more graphical representations or photographs of one or few holographied elements, excluding the hologram itself."

 

hologramme Community trade mark No. 002117034 in the name of FUTURE VIDEO ENTERTAINMENT GROUP SA

 

  • An HMI (Human-Machine Interface), an animated or multimedia sign:

 

For example:

 

A motion mark:
 microsoft Community trade mark No. 008553133 in class 9 (software, namely operating system) in the name of MICROSOFT CORPORATION 

 

Description: The mark consists of an animated sequence that begins with four objects of colored light (one each in the color red, green, yellow and blue) that appear in a staggered sequence and swirl around one another in distinct arcs, expanding in size and illumination intensity until they converge and form a four paneled flag image with a circular white light in the center that oscillates with varying illumination intensity. The total length of the animated sequence is approximately seven seconds.

 

  • A position mark:

 

adidas  Community figurative mark No 003 517646 in the name of Adidas AG

 

  • A sound mark:

 

notes musiqueCommunity trade mark No. 001040955 in the name of NOKIA CORPORATION

 

marque sonore Community trade mark No. 000143891 in the name of Metro-Goldwyn-Mayer Lion Corporation

 

  • An olfactory mark:


    THE SMELL OF FRESH CUT GRASS (freshly cut grass smell) Community trade mark No. 000 428 870 designating tennis balls on behalf of Vennootschap onder Firma Senta Aromatic Marketing.

 

  • A three-dimensional mark, namely a form of a product or its packaging or characterizing a service (front of a store):

 

1) Shape of a product:Rubiks Community trade mark No 162784 for puzzles in three dimensions in the name of RUBIK'S BRAND LIMITED

 

2) Storefront:

 

Community trade mark No 013431226 in the name of AMOR PACIFIC CORPORATION

 

devanture

 

Description: The mark consists of the appearance and design of the exterior of a retail store which consists of a rectangular and black wall with the stylized word "ARITAUM" in white and outlined in pink in the middle, which has transparent glass entrance doors, and the rim of the entrance wall is lined in pink.

 

3) External element of a building:

 

Community trade mark No 009055765 in the name of Exxon Mobil Corporation

 

Vitrine

 

 

Description: The trade mark consists of the words "ESSO" and "EXPRESS" in the colours red (Pantone 485) and white applied to the exterior vertical surfaces of canopies of vehicle service stations as depicted in the illustrative representation attached to the application; the reliefs, legs and underside of the canopy depicted (including those elements shown in broken lines) do not form part of the trade mark and are included only to show the positioning of the trade mark.

 

Some of these marks are not yet registered in France but OHIM has more experience on this type of so called "non-traditional" marks.

 

Previous part of the article : Should I file my company name as a trademark?

 

Contacts : Catherine LEVALET / Philippe LODS

 

Publication date: February 2016

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