Recently has entered into force the Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark, introducing a series of changes with regard to the concept of the European Union trade mark, as well as in the types of trade marks that can be protected.

Shape marks

Shape marks (with or without word elements) consist of three-dimensional shapes, including containers, packaging, the product itself or its appearance.

The filing of this type of trade mark requires a graphic reproduction of the shape, including computer generated imaging, or a photographic reproduction (the graphic or photographic reproduction may contain up to 6 views).

As an example we can mention EU trade mark No. 16.675.613 “CENOTE TEQUILA Reposado 100% PURO DE AGAVE MEXICO”:

Position marks

Position marks consist of the specific way in which the mark is placed, appears or is affixed on the product.

The filing of this type of trade mark requires an appropriate identification of the position of the mark and its size or proportion with respect to the relevant goods and a visual disclaimer of those elements which are not intended to form part of the subject-matter of the registration (preferably with broken or dotted lines).

Optionally, a description explaining how the sign is affixed on the goods may be attached.

As an example we can mention EU trade mark No. 17.437.261:

Pattern marks

Pattern marks consist exclusively of a set of elements which are repeated regularly.

The pattern mark shall be represented by a reproduction showing the pattern of repetition. This type of trade mark may be accompanied by a description detailing how its elements are repeated regularly.

As an example we can mention EU trade mark No. 17.427.345:

Colour marks

Colour marks consist exclusively of a single colour or a combination of colours (without contours).

The filing of a trade mark consisting exclusively of a single colour requires a reproduction of the colour and an indication of that colour by reference to a generally recognized colour code.

For trade marks consisting exclusively of a combination of colours is required a reproduction that shows the systematic arrangement of the colour combination in a uniform and predetermined manner, and an indication of those colours by reference to a generally recognized colour code and optionally a description detailing the systematic arrangement of the colours.

As an example we can mention EU trade mark No. 16.052.268

Sound marks

Sound marks consist exclusively of a sound or a combination of sounds.

Sound mark applications may exclusively be filed by submitting an audio file reproducing the sound or by an accurate representation of the sound in musical notation.

As examples we can mention EU trade marks Nos. 16.961.716 and 17.321.464:

Motion marks

Motion marks consist of a movement or a change in the position of the elements of the mark.

The definition does not restrict motion marks to those depicting movement. A sign may also qualify as a motion mark if it is capable of showing a change in the position of the elements (for example a sequence of stills). Motion marks do not include sound.

A motion mark shall be represented by submitting a video file showing the movement or change of position or by a series of sequential still images showing the movement, which may be numbered or accompanied by a description explaining the sequence.

As an example we can mention EU trade mark No. 17.586.521:

Multimedia marks

A multimedia mark is a trade mark consisting of the combination of image and sound or including the said elements.

The multimedia mark shall be represented by submitting an audio-visual file containing the combination of the image and the sound.

As an example we can mention EU trade mark No. 17.451.816:

Hologram marks

Hologram marks consist of elements with holographic characteristics and shall be represented by submitting a video file or a graphic or photographic representation containing the views which are necessary to sufficiently identify the holographic effect in its entirety.

As an example we can mention EU trade mark No. 2.117.034 “VF VIDEO FUTUR”:

Other marks

The new regulation expressly allows the registration of “other” types of trade marks that are not included in the typology specifically described, or that in some way derive from or combine some of the existing types.

However, it is difficult to imagine how flavours, odours and textures can be represented in the register, especially if we take into account that the new regulation expressly prohibits the samples because they are not considered adequate representations of the mark and the technology currently available does not allow the representation of this type of trade marks.

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