<\/p>\nThere 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!<\/p>\n
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In this post we talk about:<\/p>
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).<\/p>\n
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.<\/p>\n
For the collective brand there exists always a regulation establishing who and how can use the brand.<\/p>\n
For more information we suggest the reading of:<\/p>\n
The collective trademark<\/strong><\/a><\/p>\n Trademark consisting exclusively of a single colour or of a combination of colours. it is a trademark composed of several elements, figurative and denominative, each of them with a distinctive character. This trademark is composed of different elements, which, considered individually, lack of distinctive character: only their combination can create a trademark with distinctive capacity.<\/p>\n 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.<\/p>\n For more information, we suggest reading the article: The so-called \u201cdefensive\u201d 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.<\/p>\n 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 \u201cthe mark consisting exclusively of words or letters, numerals, other standard typographic characters or a combination thereof\u201d.<\/p>\n For more information: Trademarks consisting of slogan in the European case-law<\/strong><\/a><\/p>\n 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\u00a0be declared invalid<\/strong>.<\/p>\n For more information: 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.<\/p>\n For more information: 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. 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 \u201ca trademark where non-standard characters, stylization or layout, or a graphic feature or a colour are used\u201d. 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). Trademark consisting of elements with holographic characteristics.<\/p>\n Trademark valid only in Italy. IT IS NOT \u00a0a 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. It can be (the list is only an example, it does not cover all the cases of invalidity):<\/p>\n To know more: Mark widely known by a significant part of the interested public. Trademark consisting of, or extending to, a movement or a change in the position of the elements of the mark.<\/p>\n Trademark consisting of, or extending to, the combination of image and sound.<\/p>\n Mark consisting of the surname or of the name and surname. It is widely used in fashion: examples are Fendi, Alberta Ferretti, Valentino<\/strong>. Trademark consisting exclusively of a set of elements which are repeated regularly (art.3, par.3, lett.e) of the EUTMIR n. 2017\/1431).<\/p>\n Trademark consisting of the specific way in which the mark is placed or affixed on the product \u00a0(art.3, par.3, lett.d) of the EUTMIR \u00a0n. 2017\/1431).<\/p>\n For more information: The Position Mark<\/strong><\/a><\/p>\n Trademark of which the registration has been obtained. It can be:<\/p>\n With regard to trademarks become vulgarizes and therefore revoked, we mention: Scotch, Rimmel, Kleenex Trademark consisting of, or extending to, a three-dimensional shape, including containers, packaging, the product itself or their appearance \u00a0(article 3, par. 3, lett.c) of the European Union trademark implementing Regulation n. 2017\/1431)<\/p>\n Trademark consisting exclusively of a sound or combination of sounds. The roar of the Harley Davison motorcycle engine is a registered trademark.<\/p>\n 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).<\/p>\n An example of strong trademark is Apple<\/strong>, distinguishing a company of technological products (while it would have been a weak trademark if it had distinguished a fruits and vegetable products).<\/p>\n 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\u2019s 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.<\/p>\n For more information: It is a trademark only used, of which the registration has not been requested. It is a trademark that is conceptually linked to the distinguished product (or service) and which is therefore scarcely distinctive. There are many types of trademarks: collective trademark, weak trademark, invalid trademark, figurative trademark, deceptive trademark\u2026and many others. Come and know them!<\/p>\n","protected":false},"author":3,"featured_media":7417,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[96],"tags":[],"class_list":["post-6846","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-trademark"],"yoast_head":"\nColour mark<\/span><\/h2>\n
\nAn example of colour mark is Tiffany blue.<\/strong><\/p>\nComplex trademark<\/span><\/h2>\n
\nAn example of complex trademark is Coca Cola since it is composed of a name and an original graphic characterization.
\nTo learn more about the complex brand, we suggest reading the following articles:
\nComplex trademark and the judgement of similar trademarks likely to be confused<\/strong><\/a><\/p>\nComposite trademark<\/span><\/h2>\n
Deceptive trademark<\/span><\/h2>\n
\nDeceptive trademark<\/strong><\/a><\/p>\nDefensive trademark<\/span><\/h2>\n
Denominative trademark or word trademark<\/span><\/h2>\n
\nWord mark consisting of foreign words<\/strong><\/a><\/p>\nDescriptive trademark<\/span><\/h2>\n
\nWeak trademark and descriptiveness of EU trademark: the case Bellissima<\/strong><\/a><\/p>\nDistinctive trademark<\/span><\/h2>\n
\nLack of distintiveness<\/strong><\/a><\/p>\nEuropean Union trademark<\/span><\/h2>\n
\nFor more information:
\nRegistering a trademark in the European Union<\/strong><\/a><\/p>\nFigurative trademark<\/span><\/h2>\n
\nFor more information:
\nFigurative trademark and complex trademark<\/strong><\/a><\/p>\nFiled trademark<\/span><\/h2>\n
\nFor more information :
\nFiling and registering a trademark<\/strong><\/a><\/p>\nHologram mark<\/span><\/h2>\n
Italian trademark<\/span><\/h2>\n
\nTo know more:
\nRegistering a trademark in Italy<\/strong><\/a><\/p>\nInternational trademark<\/span><\/h2>\n
\nFor more information:
\nRegistering an international trademark<\/strong><\/a><\/p>\nInvalid trademark<\/span><\/h2>\n
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\nInvalid trademark and revocation<\/strong><\/a><\/p>\nMark with a reputation<\/span><\/h2>\n
\nFor more information:
\nWell known and not well known patronymic trademark<\/strong><\/a>
\nTrademark with a reputation<\/strong><\/a><\/p>\nMotion mark<\/span><\/h2>\n
Multimedial mark<\/span><\/h2>\n
Patronymic trademark<\/span><\/h2>\n
\nFor more information:
\nPatronymic trademark: homonymy and e distinctiveness<\/strong><\/a><\/p>\nPattern mark<\/span><\/h2>\n
Position mark<\/span><\/h2>\n
Registered trademark<\/span><\/h2>\n
\nFor more information:
\nRegistered trademark: what it is and why it is important<\/strong><\/a>
\nGraphic changes to a registered trademark<\/strong><\/a><\/p>\nRevoked trademark<\/span><\/h2>\n
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\nFor more information we suggest reading:
\nVulgarization of trademark<\/strong><\/a><\/p>\nShape mark<\/span><\/h2>\n
Sound mark<\/span><\/h2>\n
Strong trademark<\/span><\/h2>\n
Trademark in bad faith<\/span><\/h2>\n
\nTrademark in bad faith<\/strong><\/a>
\nTrademark in bad faith: illicit behaviour of the distributor against the owner<\/strong><\/a><\/p>\nUnregistered trademark (mark only used)<\/span><\/h2>\n
\nFor more information:
\nUnregistered trademark and local preuse<\/strong><\/a><\/p>\nWeak trademark<\/span><\/h2>\n
\nThe following may be considered weak brands: scarpe&scarpe (shoes & shoes)<\/strong> or PoltroneSofa (ArmchairSofa)<\/strong>
\nTo learn more about the weak brand, we suggest reading the following articles:
\nSecondary meaning and distinctive character in a trademark<\/strong><\/a>
\nWeak trademark: cases of counterfeiting and similar trademarks likely to be confused<\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"