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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