It is not unusual for a company to develop a trademark that contains references to its product or service. However, in order to be protected, trademarks must not contain an inherently intelligible description of the essential characteristics of those goods or services. So what might these characteristics comprise?
A sign that directly and immediately indicates a particular feature of a product cannot be used as a trademark. However, could a sign be designed to communicate something more by simply adding a graphic?
A uniquely designed building often has a particular architectural attraction, even charisma. It can represent a specific organisation or company in a way other marketing tools cannot and can contribute significantly to their image. Despite this, and the relatively little effort involved in using architecture in this way, such opportunities are still infrequently taken advantage of. Business owners and managers are encouraged to consider in this brand blog the conditions under which such architecture could be secured as a marketing instrument and protected as a brand.
Eco-brands often consist of several elements that are immediately recognisable. However, one should be wary of relying solely on such a combination. Further steps may well be necessary so the brand does not hit the rocks at a later date.
Coca-Cola wanted to extend the protection of its well-known beverage bottle, protected as an EU trade mark, and applied for a simpler bottle shape. Can a three-dimensional shape be registered as an EU trade mark even if it has a common design?