Non traditional marks

NON-TRADITIONAL TRADEMARKS

Mrs. Annamma Samuel

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• HISTORY• MARK• TRADEMARK• INCLUSIVE Définition• GRAPHICAL

REPRESENTATION

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VISIBLE SIGNS• Three-dimensional

marks• Color marks• Holograms• Motion Marks• Gesture marks

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NON VISIBLE SIGNS• Sound marks• Olfactory marks• Taste marks• Texture or feel marks

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3DIMENSIONAL MARKS

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FERRERO ROCHER

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COLOUR MARKS

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COLOUR MARKS

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SINGLE COLOUR• A single colour is never inherently

distinctive . • Unless the mark is for very specific

goods or for a very specific clientele .

• or comprises a colour or shade which is extremely unusual and peculiar in the relevant trade.

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REPRESENTATION• Represented graphically in a clear,

precise, self-contained, durable and objective.

• Designate the colour using an internationally recognized identification code which are deemed to be precise and stable.

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QUALITEX CO. V. JACOBSON PRODUCTS CO.

• Qualitex Company had been using a special shade of green-gold colour to the dry cleaning press pads since 1950's.

• Qualitex registered its colour as a trademark in year 1991

• Jacobson's use of the green-gold colour on the press pads

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SECONDARY MEANING

a) Extent of Third Party Useb) Sales and Advertisingc) Use of Trademark Legendd) Promotional Itemse) Sales Callsf) Monitoring Competitiong) Consumer Studiesh) Unsolicited Media Coverage of the Product that Highlights the Colour in questioni) Consumer Letters and Inquiries

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MOTION & HOLOGRAM MARKS

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• Film-clip, video, moving logo for TV-shows.

• Most moving image marks can be represented graphically.

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UK No. 2280003

CTM 2117034, which has the explanation: The letter VF in white on blue spheres, the name VIDEO FUTUR in blue on a black background

CTM 2117034, which has the explanation: The letter VF in white on blue spheres, the name VIDEO FUTUR in blue on a black background

• Kraft Foods UK Ltd.• The mark consists of the three-

dimensional shape breaking apart

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REPRESENTATION

• Difficult to put in Paper form• Applicant to include a description

and• Their interaction with each other

explained in a sequence of steps.

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CTM 2117034

CTM 2117034, which has the explanation: The letter VF in white on blue spheres, the name VIDEO FUTUR in blue on a black background

CTM 2117034, which has the explanation: The letter VF in white on blue spheres, the name VIDEO FUTUR in blue on a black background

• The letter VF in white on blue spheres, the name VIDEO FUTUR in blue on a black background.

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REPRESENTATION

CTM 2117034, which has the explanation: The letter VF in white on blue spheres, the name VIDEO FUTUR in blue on a black background

CTM 2117034, which has the explanation: The letter VF in white on blue spheres, the name VIDEO FUTUR in blue on a black background

• Possess multiple images/colours• One single view of the sign which captures

the holographic effect in its entirety or• Where necessary, multiple views of the

hologram from different angles. • Applicant to include a description of the

hologram mark where a single drawing or a series of drawings does not accurately represent the hologram.

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MOVING IMAGE MARK

CTM 2117034, which has the explanation: The letter VF in white on blue spheres, the name VIDEO FUTUR in blue on a black background

CTM 2117034, which has the explanation: The letter VF in white on blue spheres, the name VIDEO FUTUR in blue on a black background

• http://www\.vendlet.dk/index1.html

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GESTURE MARK

CTM 2117034, which has the explanation: The letter VF in white on blue spheres, the name VIDEO FUTUR in blue on a black background

CTM 2117034, which has the explanation: The letter VF in white on blue spheres, the name VIDEO FUTUR in blue on a black background

• BX No. 520574• Mars BV has a registration in the

Benelux Trademark Register for a gesture of two cutting fingers. This gesture is recognized as the commercial origin for

TWIX chocolate.

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UK No. 2012603

CTM 2117034, which has the explanation: The letter VF in white on blue spheres, the name VIDEO FUTUR in blue on a black background

CTM 2117034, which has the explanation: The letter VF in white on blue spheres, the name VIDEO FUTUR in blue on a black background

• A person tapping his/her nose, registered for services in the field of mortgage and investments .

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THE REPRESENTATION CTM 2117034, which has the explanation: The letter VF in white on blue spheres, the name VIDEO FUTUR in blue on a black background

CTM 2117034, which has the explanation: The letter VF in white on blue spheres, the name VIDEO FUTUR in blue on a black background

• Consist of a single picture when the mark is treated as a figurative mark or

• Several frames depicting the gesture if the mark is considered a motion mark.

• A written description explaining the gesture may also be submitted.

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SOUND MARKS

• Musical notes represented in the form of musical notations

• Sound recording• Submit audio tape recording

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SOUND MARKS

• Aural perception of the listener • If a sound lingers in the mind of

the listener and • the listener subsequently

associates a source or event with that sound then the sound may be eligible for trademark.

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MGM CORPORATION- ROAR OF A LION

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SMELL MARKS

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SMELL MARKS

• Smell of perfume for perfume• Smell of rose for tyres• Smell of freshly cut grass for

Tennis balls• The odour of beer for dart

flights 08/04/23 30

US-RE CLARKE case

• The Applicant was the only person marketing scented yarns and threads

• Fragrance was not an inherent attribute or natural characteristic of the goods but a feature supplied by the Applicant

• Applicant promoted the scent mark in advertising

• Applicant demonstrated that customers, dealers and distributors of her products had come to recognize the Applicant as the source of these goods.

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UK-CRITERIA

• Whether the smell is an inherent attribute natural characteristic of the goods?

• Whether the smell added by the applicant is to identify the goods?

• Will the public regard the smell as sign which identifies the applicant’s goods?

• Is the mark represented graphically?08/04/23 32

In Dr. Ralf Sieckmann vs Deutsches

Patent- und Markenamt (• C6H5-CH=CHCOOCH3

(chemical formula)

• Description 'fruity balsamic smell with a light note of cinnamon'

• Deposit of sample

• Combination08/04/23 33

Article 2,EUROPEAN DIRECTIVE

• Trademark may consist of a sign which is not in itself capable of being perceived visually, provided that it can be represented graphically, particularly by means of images, lines or characters, and

• That the representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective.

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TASTE MARKS• Applicable to goods• Applicable to services?.• Tennis balls with mint flavour for

dogs?• Envelopes with the taste of

strawberries or chocolate?

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TASTE MARKS

• Elli Lilly’s Trade mark Application[2004]

• The taste of artificial strawberry flavour for pharmaceutical preparations.

• US Patent Office rejected N.V Organon’s application for patenting orange flavour for pharmaceuticals.

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REQUIREMENT

• The graphic representation requirement is satisfied by using a written description of the taste and an indication that it concerns a taste mark.

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FEEL MARKS

• It is the surface of the product that might lead to recognition

• Surface touched has a specific recognizable structure or texture

• The glass bottle of Coca-Cola was designed in 1915 to also be recognized in the dark

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FEEL MARKS

• The graphic representation of the sign was achieved in embossed printing (Braille).

• Provided a very detailed description of the mark and a Braille-like sample of the surface, as reproduction of the sign.

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THANK YOU FOR YOUR KIND ATTENTION

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