From 1 October 2017 onwards, there will be a historic event in European trademark law, namely the abolition of the requirement of graphic representation for a distinctive sign to constitute a trademark.
This essentially means that any sensory element, which is perceptible to the consumer and which is itself capable of distinguishing goods or services of one company from those of other companies, may be registered as a trade mark.
In an increasingly saturated world of brand signs, this opening towards new ways of identifying products/services opens up endless possibilities for companies that must take advantage of this challenge immediately to find new ways of perceiving and distinguishing their products on the market.
Companies must invest in developing new identifying signs, which go beyond the already almost traditional word, graphic or semi-traditional marks such as positional trademarks, but also other non-traditional marks such as those perceived by smell, hearing and taste or of course holograms, gestures or moving or animated images for which a sequence of images is normally required to be registered.
Lamborghini’s animated mark in which the vehicle doors are opened by turning upwards.
Sequence of NOKIA’s hands
VF Holographic Mark – Video Future (CTM 2117034) registered by GDS Video.
Bad Robot Animations
A world of possibilities is opened up to companies, entrepreneurs and individuals themselves, which undoubtedly must be exploited, as long as they are able to find a sign whose representation is objective, intelligible, distinguishable, accessible and durable, which can be represented using any of the common JPEG or MP4 files.
The use and acquisition of these new forms of presentation and distinction may give them a clear competitive advantage in the market.