is used to individualise the goods or the service “from the others on offer”
able to be registered
are signs such as
- word marks (also slogans)
- combined marks, i.e. signs which have text and are configured graphically
- picture marks, i.e. signs consisting only of graphics
- three-dimensional marks
- audio marks (nowadays only those which can be represented using a system of notes)
- (abstract) colour marks
- position marks
- motion marks
List of Goods and Services (LoG)
The LoG is part of the mark and is therefore registered together with the sign. The scope of protection of the mark is limited to the use of the mark in connection with goods and services as included in the LoG. There are some few exceptions where the scope of protection of a mark reaches beyond the LoG.
Obstacles to the registartion of the mark
exist, for example, if
- the sign is not distinctive or if it
- needs to be kept free, for example, is descriptive for the goods or services (with a possible exception of a mark used for a long term)
- Following the registration of the mark, third parties having an earlier registered mark can enter opposition against registration with the set period. A prerequisite for this is that the registered trademark is confusable with the earlier mark.
If not used, the trademark can be contested. In Europe, a grace period of 5 years exists for use in most European countries. In other countries the grace period is shorter or does not exist at all.
The mark must be renewed at regular intervals, in most countries every 10 years. With continuing use and timely renewal the trademark has an unrestricted lifetime.