Since you were a kid, you were always surrounded by products packaged with different brands. The same happened with brands related to services. People are surrounded by several marks every time and everywhere. They are one of the outcomes of the Market Economy.
The purpose of a Trademark is to distinguish products or services from others. There will be many different brands as goods or services are offered in the marketplace. If you want to know the benefits of brands, read our post, The Relevance of Trademarks in the Marketplace.
If there are many brands in the marketplace, there will be different types too. Likewise, in other IP fields, trademarks are created through the imagination of designers. If you do not have any idea how to design your brand, do not lose our post Keys for Trademark design.
International trademark law
At IP Consultores, we think that to understand the different types of brands, it is necessary to know trademark law first. The European Union has developed a typology of traditional trademarks, such as word, figurative, shape, position, pattern, and color marks. Regarding this, it is necessary to understand some concepts related to trademark law and fundamental rules recognized in international treaties.
Paris Convention for the Protection of Industrial Property
On international law, the Paris Convention for the Protection of Industrial Property was the first international treaty where trademarks were recognized as Intellectual Property rights. This treaty (signed in Paris, France, on 20 March 1883) recognizes some kinds of marks: Well-Known Marks (article 6 bis), Service Marks (article 6 sixties), and Collective Marks belonging to associations (article 7 bis).
Furthermore, the Paris Convention sets out (article 6 ter) that some signs cannot be registered as trademarks (or their elements), such as 1) armorial bearings, 2) state emblems, 3) official signs and Hallmarks indicating control and warranty, 4) any imitation from a heraldic point of view, and 5) emblems of intergovernmental organizations.
Moreover, in some cases is not possible to register a trademark following article 6 quinquies (B): 1) when infringing rights of third parties, 2) when they are devoid of any distinctive character, 3) when designating the kind, quality, quantity, intended purpose, value, place of origin, of the goods, or the time of production; 4) when have become customary, and 5) when they are contrary to morality or public order.
Agreement on Trade-Related Aspects of Intellectual Property Rights
While it is true that Paris Convention was the first international treaty where trademarks law was recognized on a global scale, there is another most recent World Intellectual Property Organization treaty which is so relevant for trademark law: the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) signed on 15 April 1994.
TRIPS Agreement sets out in article 15 that “any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark. Such signs, in particular words including personal names, letters, numerals, figurative elements and combinations of colours as well as any combination of such signs, shall be eligible for registration as trademarks.”
While Paris Convention settled general rules regarding different kinds of trademarks and procedural issues for their registration, TRIPS Agreement settled a definition of the concept of “trademark” and pointed out the elements which could become part of a brand.
European Union trademark law
Different regional and national legal dispositions related to traditional trademarks are grounded in Article 15 of the TRIPS Agreement. For instance, Regulation 2017/1001 of the European Parliament and of the Council on the European Union trade mark of 14 June 2017 has a similar definition of trademarks as TRIPS Agreement.
In 2021 European Union Intellectual Property Network (EUIPN) published a document titled Common Communication on the Representation of New Types of Trade Marks for distinguishing two families of trademarks: traditional and non-traditional. Now is relevant to define each one of the conventional trademarks.
Word marks
Some brands are shaped only by words. Names are the best example of this kind of brand. Paris Hilton, Jennifer Lopez, Antonio Banderas, Cristiano Ronaldo, Leo Messi, and Beyoncé are famous personal names made brands. EUIPN defines word marks as “consisting exclusively of words or letters, numerals, other standard typographic characters or a combination thereof.”[1]
Figurative marks
Some companies have chosen to use specific signs to depict their brands. For instance, Mac Donalds uses the letter “M” as its logo, which is a non-standard character. Something similar happens with the letter “N” for Netflix or “T” for Twitter.
EUIPN defines figurative marks as “where non-standard characters, stylization or layout, or a graphic feature or a colour are used, including marks that consist exclusively of figurative elements or a combination of verbal and figurative elements.”[2]
Shape marks
Toblerone or Kit Kat chocolates have specific appearances which perform the function of trademarks. Some containers or packaging of meals and beverages have a similar role.
EUIPN defines shape marks as “consisting of, or extending to, a three-dimensional shape, including containers, packaging, the product itself or their appearance.”[3] Some examples of shape marks are Manolo Blahnik´s shoe and Gorbatschow Wodka bottle.
Position marks
The position of some furniture is registered as a trademark when, regarding EUIPN, the position “consists of the specific way in which the mark is placed or affixed on the product.”[4]
Pattern marks
These marks are common in fashion because designers stamp their logos on their products, such as Louis Vuitton´s luggage. EUIPN points out that pattern marks “consist exclusively of a set of elements which are repeated regularly.”[5]
Color marks
In Psychology, there is a field in the psychology of colors. Designers know that some colors trigger psychological processes in personal decisions. For this reason, some companies have chosen to create specific colors that perform the function of a trademark.
Regarding EUIPN, color marks “consist (i) exclusively of a single colour without contours; or (ii) exclusively of a combination of colours without contours.”[6] Some famous color marks are the blue of Tiffany & Co. and the brown of United Parcel Service.
Now you understand what Traditional trademarks are, read our post Why is a Trademark necessary? to know the benefits of a registered brand for your business. If you have started your entrepreneurial journey in Mexico, IP Consultores can help you to register your trademark.
[1] European Union Intellectual Property Network, Common Communication on the Representation of New Types of Trade Marks, p. 4.
[2] ibídem.
[3] ibíd, p. 5.
[4] ibídem.
[5] ibídem.
[6] ibídem.
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