Types of trademarks
A trademark may be any sign that allows to distinguish goods or services on the market from the competition.
This mark must be in such a form that it can be presented in the trademark register. Therefore, it must be specific and characteristic.
The above requirements are very general and broad. This means that as a trademark we can protect not only the brand and logo, but also an advertising slogan, a sound signal (e.g. jingle) or a 3D shape.
There are many types of trademarks. Continue reading to learn about the most common types.
What are the types of trademarks?
Below you can find examples of the most common and most interesting types of trademarks:
– Word Trademarks –
Examples:
ORLEN Polish TM no R.125559
WHISKAS Polish TM no R.068749
Lewiatan w chwilę Polish TM no R.354664
DOM PEŁEN ENERGII Polish TM no R.332353
– Figurative trademarks –
They are just a graphics, e.g. a logos, without any inscription.
Examples:
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| EUTM no 005271598 | EUTM no 012931473 | EUTM no 004255295 | Polish TM no R.339058 |
– Figurative trademarks containing words –
These are logos containing some inscription of one or more words.
Examples:
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| Polish TM no Z.543393 | Polish TM no Z.543393 | Polish TM no R.080482 | Polish TM no R.142020 |
– Shape Trademarks –
They represent a characteristic shape (and sometimes colour) of a product – it must be so characteristic that the product brand can be recognized by its shape alone.
Examples:
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| EUTM no o010532653 | EUTM no 000146704 | EUTM no 000394338 |
– Shape trademarks containing graphic and word elements –
They represent a shape of a product on which a graphic containing inscriptions is superimposed. Most often, this type of sign is represented by bottles with a label.
Examples:
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| Polish TM no R.242622 | IR IM no 1533540 | EUTM no 001919133 |
– Colour Trademarks –
In such a case, the trademark is a colour itself or a combination of several colours, for example a specific shade of purple for chocolate or a combination of yellow and green for tractors. Registering a colour trademark is not easy. To register a colour as a trademark, this colour must – due to its broad use – be associated by the public with a specific company. The applicant must submit proof for that to the office.
Examples:
EUTM no 000031336 – registered for chocolate products
EUTM no 000063289 – registered for tractors
Recently, there has been a lot of talk in Poland about the company Allegro filing a Polish trademark application for a shade of orange:
Polish TM no Z.545666
The above mark is still in the application process before the Polish Patent Office (UPRP). If you are curious about the results – follow our website!
– Sound Trademarks –
A shorter (e.g. jingle) or a longer sound (melody). The sound electronic file can now be uploaded to the office. In many cases, however, you can also file an “old school” musical notation.
Examples:
EUTM no 000907527
EUTM no 018029296: listen
– Position Trademarks –
Such signs are intended to show where a characteristic marking (e.g. lines or arrows) is located on a given product.
Examples:
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| EUTM no 001027747 | EUTM no 017866836 |
– Motion trademarks –
In this case, the trademark is an animation itself, without sound effects.
Examples:
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| EUTM no 008581977 | EUTM no 017279712 |
– Multimedia Trademarks –
It can be a short video, i.e. a combination of animation and sound.
Examples:
EUTM no 017931241 see the trademark
Polish TM no R.343856: see the trademark
Can all these types of marks be registered trademarks in Poland?
Yes! Even these unusual types of trademarks are not only the domain of the EU Intellectual Property Office (EUIPO). A sound, color or a 3d trademark can be registered both with the Polish Patent office (UPRP) and with the EUIPO.
Our attorneys will help you to register a trademark in Poland and in the EU.