Applications for non-traditional trademarks


Here are the promised guidelines when applying for non-traditional trademarks:

  • Three-dimensional marks

*a single view of the representation of a three-dimensional mark will be accepted, provided it is possible to determine the three-dimensional nature from the single view.

*the trademark as advertised must correspond with the trademark as depicted in the application form, i.e. all views as originally submitted must be published.

 

  • Colour marks

*the representation should consist of a sample of colour(s) on paper or in electronic format.

*the application should contain an indication of the recognized international colour codes.

*a written description of how the colour is applied to the goods or used in relation to the services must accompany the application.

 

  • Holograms

*with regard to representation, either a single or multiple views will be acceptable, provided it is possible to determine the holographic nature of the mark from the view/s as submitted.

*a description explaining the holographic effect of the mark must accompany the application.

 

  • Motion/Multimedia marks

*with regard to representation, a series of still images of the mark will be required.

*a detailed written description explaining the movement of the mark will be required.

*the chronological order of the images should be specified by including the sequence in the written description.

*an electronic file in analog or digital format , together with a written description outling the nature of the mark and describing the movement may be required for purposes of examination of the applications.

 

 

  • Position marks

*position marks will be treated as figurative marks.

*a clear description of what constitutes the mark that protection is sought for will need to accompany the application.

 

  • Gesture marks

*gesture marks will be treated as the subject of the other type of mark it represents, for example a motion or figurative mark.

*the representation of such a mark could 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 required for purposes of examination of the applications.

 

  • Sound marks

*with regards to representation, it will be required that the mark be reflected in a musical notation on a stave.

*a written description of the mark will be required.

*an analog or digital recording of the mark will be required.

 

  • Olfactory (smell/scent) marks

*with regard to representation, at the least a written description of the mark will be required.

*any other conditions as may be required for purposes of examination of the mark, e.g.: specimen of the mark may be required by the Office.

*the “Sieckmann criteria” will be applicable in relation to marks of this nature – it must be clear, precise, self-contained, easily accessible, intelligible, durable and objective.

 

  • Taste marks

*with regard to representation, an indication of the type of mark will be required.

*a written description depicting the characteristics of the taste will be required.

 

  • Texture marks

*with regard to representation, an indication or statement concerning the type of mark will be required.

*a detailed written description of the mark will be required.

*a representation/sample of the surface must accompany the application.

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