The most popular types of trademarks in commercial transactions are word marks, figurative marks, and word-figurative marks. A word mark can take the form of a single word, a combination of words, or an entire sentence. The protection applies to the sound and spelling of the mark, regardless of how it is graphically represented.
Word marks are particularly valued by entrepreneurs due to their broad scope of protection. Registering a word mark allows it to be freely used in various visual forms, in advertising, on packaging, or on the Internet, without the need to change the legal protection each time.
In addition to word marks, trademarks also include unconventional marks, such as three-dimensional marks, sound marks, holographic marks, position marks, scent marks, motion marks, or marks in the form of a color.
Examples of word marks:
Apple, Nike, iPhone, Your idea is your future.
It is worth remembering that advertising slogans can only be registered as trademarks if they have a distinctive character and are not purely descriptive
Graphic trademarks include symbols, drawings, ornaments, and abstract visual compositions. Their primary function is to identify an entrepreneur through a graphic form, without the use of verbal elements. These types of trademarks are often used in the visual identification of brands and in marketing.
Examples of graphic trademarks:
The scope of protection for a graphic trademark covers the specific visual form presented in the application. Significant changes in the appearance of the trademark may require a new trademark registration.
Holographic trademarks are considered non-conventional trademarks. They utilize optical effects that change depending on the viewing angle. These types of trademarks are often used to distinguish products or as a security feature against counterfeiting.
Examples of holographic trademarks:
Registering a holographic trademark requires a detailed and unambiguous presentation of the holographic effect in the application documentation.
Three-dimensional trademarks protect the three-dimensional shape of a product or its packaging. They can be an effective protection tool in industries where the appearance of the product plays an important marketing role.
Not every shape can be registered as a trademark. Shapes resulting from the nature of the product, necessary to achieve a technical effect, or giving the product an essential value are not subject to protection.
Verbal-graphic-spatial trademarks combine verbal, graphic, and three-dimensional elements into a single mark. They provide broad and comprehensive protection, but only in the scope of the presented combination of elements.
Auditory trademarks include melodies, sound signals, and other acoustic sequences that identify a brand. They are increasingly used in advertising, mobile applications, and digital interfaces.
Examples of auditory trademarks:
A sound must be clearly representable, for example in the form of an audio file, in order to be registered as a trademark.
Positional trademarks rely on the protection of a specific placement of a mark on the product or its packaging. The protection concerns the position of the mark, not the graphic element itself.
This type of trademark is particularly important in industries where consumers identify products by their characteristic placement of markings.
Motion marks are trademarks that consist of a sequence of movements or changing visual elements. They are most commonly found in digital environments.
Examples of motion marks:
Registering a motion mark requires a precise presentation of the sequence of movements.
Scent marks are among the most problematic categories of trademarks. Their subject is a scent that identifies a product.
Their subject is a scent that identifies a product.
Example of scent marks: The scent of freshly cut grass for tennis balls.
Currently, this is no longer in effect.
Due to the difficulties in unambiguously presenting a scent, the registration of this type of trademark is currently very limited.
Color can serve as a trademark if consumers clearly associate it
with a specific company. Registering a color as a trademark requires demonstrating its secondary distinctiveness.
Example of a color trademark:
The color orange as a trademark for a mobile phone network.
Registering a color as a trademark requires demonstrating that the color has acquired secondary distinctiveness, i.e., that it is perceived by consumers as an indication of commercial origin, and not just as a decorative element.
See more:
Trademark registration. Costs, conditions, waiting time
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