One of the most common questions when it comes to register a trademark is about what can be protected as a trademark.
Currently in this regard and based on the criteria for the Office for registration of trademarks and designs of the European Union (OHIM) exists the following types of trademarks, and therefore the related possibilities for protection.
- Three dimensional trademarks: as the name suggests are those that provide three-dimensional figures. We have as a recent example the following CTM under the ownership of SOREMARTEC SA 05/12/2011:
- Color trademarks: in this case is about the registration as a trademark of a color / set of colors that is very representative or highly distinctive. We have the example of the CTM registration of Jean Henaff SA issued 03/01/2012 for Classes 29 and 30.
These applications are accompanied by a description, in this case: The trademark represents a rectangle blue. In parallel with the entire lengths of the rectangle, up and down, we find a yellow thick line, separate from the main box by a slight gap.
In addition to an indication of color, in this example: Blue: PANTONE 2748 CMJN Code Code: Cyan 100% Magenta 88% black 14% yellow: PANTONE CMJN Code 109 Code: 100% yellow.
- Sound trademarks: As can be deducted by its name, it is about trademarks registration representing a very distinctive sound or melody. We have as example the recent application of the company ENERGY Spółka Akcyjna of the following Community trademark for all classes of services.
Listen to this trademark: Sound trademark
- Figurative trademarks: trademark registrations which identifies an image or characteristic graphics associated to a denomination. Basically, they are used for the registration of logos identifying the corporate image of a company, its goods and services. We have the example of the CTM holder “GAMMA-A”, SIA through which identifies their canned fish.
- Olfactory trademarks: this type of registrations identifies smells which are very characteristic and easily distinguishable. There are a very few registrations of this kind, in fact we only have one example of registration expired from the CTM No. 000428870 of the owner Vennootschap onder Firma Senta Aromatic Marketing, to identify Tennis balls with the following description: The mark consists of the smell of freshly cut grass applied to the product.
- Hologram trademarks: they are also very rare registrations and are used for special cases of three-dimensional reproduction of photographs of an object. We have the example of the following Community trademark cigarette holder Eve Holdings Inc.
- Word trademark: along with the figurative trademarks they are the most commons type of trademarks. Are those that distinguish a name for an activity / des or product / s from the rest. There are countless examples such as community registrations of trademarks such as VEMMA, ASTION, SEA HAWK, etc.
This criteria of differentiation between trademark registrations is not unique for all registration offices, each country has its peculiarities. These criteria tend to be unified so it can be considered roughly as standard.
For example, in Spain, there are very few applications for sound trademarks and basically nonexistent records of olfactory trademarks.
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