Types of Trademarks: Definition and Characteristics

There are many types of trademarks and we also have to take into consideration the definitions given by the laws when some conditions occur. In this article we will try to give you an overview in alphabetical order and we will suggest other articles for more information. Enjoy the reading!

Collective trademark

The collective trademark serves as a guarantee for consumers, because it ensures that products or services distinguished by it have specific characteristics (concerning their origin, nature or quality).

An example of collective brand is the brand Pura Lana Vergine (Pure Virgin Wool): the products distinguished by this brand guarantee the consumer a particular quality of wool.

For the collective brand there exists always a regulation establishing who and how can use the brand.

For more information we suggest the reading of:

The collective trademark

Colour mark

Trademark consisting exclusively of a single colour or of a combination of colours.
An example of colour mark is Tiffany blue.

Complex trademark

it is a trademark composed of several elements, figurative and denominative, each of them with a distinctive character.
An example of complex trademark is Coca Cola since it is composed of a name and an original graphic characterization.
To learn more about the complex brand, we suggest reading the following articles:
Complex trademark and the judgement of similar trademarks likely to be confused

Composite trademark

This trademark is composed of different elements, which, considered individually, lack of distinctive character: only their combination can create a trademark with distinctive capacity.

Deceptive trademark

It is a trademark able to mislead the public, for example about the geographical origin, the nature or the quality of the product or service identified by it.

For more information, we suggest reading the article:
Deceptive trademark

Defensive trademark

The so-called “defensive” is filed in order to extend the protection of an existing trademark and has a certain similarity with a trademark actually used. The purpose of the defensive trademark is to prevent third parties from imitating the mark of real interest by adopting small amendments suitable for excluding their confusion.

Denominative trademark or word trademark

Trademark consisting of one or more words, filed without graphic characterization. According to Article 3, paragraph 3, letter a) of the European Union trademark implementing Regulation it is a word mark “the mark consisting exclusively of words or letters, numerals, other standard typographic characters or a combination thereof”.

For more information:
Word mark consisting of foreign words

Trademarks consisting of slogan in the European case-law

Descriptive trademark

Trademarks which consists exclusively of signs or indications which may serve, in trade, to directly designate the product or the service, or a characteristic of the product or service. It is a type of trademark that is very likely not to be accepted or, if it succeeds in obtaining registration, it can be declared invalid.

For more information:
Weak trademark and descriptiveness of EU trademark: the case Bellissima

Distinctive trademark

Trademark with distinctive capacity, namely trademark able to perform the function of effectively distinguishing the products (or services) of an enterprise from those of another company.

For more information:
Lack of distintiveness

European Union trademark

This trademark is valid in all the States of the European Union. The European Union trademark has unitary character and has equal effect throughout the Union and it can be registered, transferred or surrendered or be the subject of a decision revoking the rights of the proprietor or declaring it invalid, nor shall its use be prohibited, save in respect of the whole Union.
For more information:
Registering a trademark in the European Union

Figurative trademark

Trademark consisting of graphic elements. Sometimes even trademarks composed of words and images are defined as figurative. According to Article 3, paragraph 3, letter b) of the European Union trademark implementing Regulation n. 2017/1431, it is figurative “a trademark where non-standard characters, stylization or layout, or a graphic feature or a colour are used”.
For more information:
Figurative trademark and complex trademark

Filed trademark

It is the trademark for which the registration has requested to the competent authority through the filing of a specific application (for example, with the filing of an application to EUIPO if a registration of a trademark in the European Union must be obtained).
For more information :
Filing and registering a trademark

Hologram mark

Trademark consisting of elements with holographic characteristics.

Italian trademark

Trademark valid only in Italy.
To know more:
Registering a trademark in Italy

International trademark

IT IS NOT  a trademark with worldwide validity. It is a special unified procedure, named international registration, through which it is possible to file one application for registration in several foreign Countries.
For more information:
Registering an international trademark

Invalid trademark

It can be (the list is only an example, it does not cover all the cases of invalidity):

• A mark not represented in such a way to allow to clearly and precisely determined the object;
• A trademark devoid of distinctive character;
• A trademark contrary to the law, public order or morality;
• A deceptive trademark;
• A trademark lacking in novelty;
• A trademark registered in bad faith

To know more:
Invalid trademark and revocation

Mark with a reputation

Mark widely known by a significant part of the interested public.
For more information:
Well known and not well known patronymic trademark
Trademark with a reputation

Motion mark

Trademark consisting of, or extending to, a movement or a change in the position of the elements of the mark.

Multimedial mark

Trademark consisting of, or extending to, the combination of image and sound.

Patronymic trademark

Mark consisting of the surname or of the name and surname. It is widely used in fashion: examples are Fendi, Alberta Ferretti, Valentino.
For more information:
Patronymic trademark: homonymy and e distinctiveness

Pattern mark

Trademark consisting exclusively of a set of elements which are repeated regularly (art.3, par.3, lett.e) of the EUTMIR n. 2017/1431).

Position mark

Trademark consisting of the specific way in which the mark is placed or affixed on the product  (art.3, par.3, lett.d) of the EUTMIR  n. 2017/1431).

For more information: The Position Mark

Registered trademark

Trademark of which the registration has been obtained.
For more information:
How to register a trademark
What happens after trademark registration

Revoked trademark

It can be:

• A trademark not used for a variable period of time, which is the time established by the law applicable to that trademark. For example, a European Union trademark  may be revoked if, within a period of five years from the date of registration, has not been put to genuine use in connection with the goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted period of five years;
• A vulgarized trademark, namely become the common name of a whole category of products which does not identify anymore the product as coming from a company (for example “rimmel” to identify, in general, the product mascara)
• A trademark become deceptive or unlawful.

With regard to trademarks become vulgarizes and therefore revoked, we mention: Scotch, Rimmel, Kleenex
For more information we suggest reading:
Vulgarization of trademark

Shape mark

Trademark consisting of, or extending to, a three-dimensional shape, including containers, packaging, the product itself or their appearance  (article 3, par. 3, lett.c) of the European Union trademark implementing Regulation n. 2017/1431)

Sound mark

Trademark consisting exclusively of a sound or combination of sounds. The roar of the Harley Davison motorcycle engine is a registered trademark.

Strong trademark

it is a trademark with a strong distinctive capacity, usually because composed of fanciful elements or words that, although commonly used, are not conceptually related to the identified products (or services).

An example of strong trademark is Apple, distinguishing a company of technological products (while it would have been a weak trademark if it had distinguished a fruits and vegetable products).

Trademark in bad faith

There can be many examples; among them, typical example of a trademark application in bad faith is the filing of a trademark with the sole purpose of hindering a competitor on the market, as well as the trademark registered in the name of the agent or representative of a persona who is the proprietor of that trademark, without the proprietor’s authorization, with abuse of trust or collaboration relationships. The bad faith can also apply to all cases in which a trademark is registered for the sole purpose of hindering a third party in business activity or for purely emulation purposes.

For more information:
Trademark in bad faith
Trademark in bad faith: illicit behaviour of the distributor against the owner

Unregistered trademark (mark only used)

It is a trademark only used, of which the registration has not been requested.
For more information:
Unregistered trademark and local preuse

Weak trademark

It is a trademark that is conceptually linked to the distinguished product (or service) and which is therefore scarcely distinctive.
The following may be considered weak brands: scarpe&scarpe (shoes & shoes) or PoltroneSofa (ArmchairSofa)
To learn more about the weak brand, we suggest reading the following articles:
Secondary meaning and distinctive character in a trademark
Weak trademark: cases of counterfeiting and similar trademarks likely to be confused

Summary

Titolo articolo

Types of Trademarks: Definition and Characteristics

Description

There are many types of trademarks: collective trademark, weak trademark, invalid trademark, figurative trademark, deceptive trademark…and many others. Come and know them!

Author

Eva Troiani

Publisher Name

Lawyer Eva Troiani - Registrare-marchio.com

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