{"id":1582,"date":"2015-07-29T13:59:38","date_gmt":"2015-07-29T13:59:38","guid":{"rendered":"http:\/\/depot-de-marque.com\/?p=1582"},"modified":"2023-09-27T10:56:09","modified_gmt":"2023-09-27T09:56:09","slug":"the-different-types-of-trademark","status":"publish","type":"post","link":"https:\/\/depot-de-marque.com\/en\/les-differentes-formes-de-marques-deposables\/","title":{"rendered":"The different forms of trademarks that can be registered"},"content":{"rendered":"

The word mark<\/strong><\/h2>\n

The name mark<\/strong> is composed ofone or more words,<\/strong> without any particular font, image, color... It protects only the verbal element<\/strong> of your brand.<\/p>\n

The trap<\/strong> in which trademark applicants regularly fall is to want to register only the trademark and its logo (see below, the semi-figurative trademark), because the logo is ready, you want to protect it too, you love it, etc...<\/p>\n

Now, there is a rule in law that says that \"...\"\u00a0the trademark must always be used as registered<\/strong>\u00a0\u00bb. So, in principle, we use the trademark accurately<\/strong> which was communicated to the INPI on the day of filing. But what if you feel like changing your logo one fine morning to give your communication a little boost? A judge may consider that your trademark is no longer protected because you are no longer using the logo as you filed it.<\/p>\n

The solution is the word mark: with it, you protect the name in a general way, regardless of the graphic form<\/strong> that you wish to use (provided that you do not infringe the rights of third parties, of course). One day red, another blue, in a circle, in a square, anything is possible! The name is protected anyway. The important thing is only to use the name in connection with the products and\/or services referred to in your application (cf. the important notion of use<\/a>).<\/p>\n

Attention<\/strong>\u00a0the word mark must be distinctive<\/strong>\u00a0!! If this notion is not yet clear to you, consult without delay\u00a0our distinctiveness fact sheet<\/a>\u00a0!<\/p>\n

The semi-figurative mark<\/strong><\/h2>\n

It is a brand that includes one or more verbal elements associated with graphic elements: calligraphy, color, logo... For example :<\/p>\n

\"\"<\/a><\/p>\n

This trademark is usually registered in addition to a word trademark, in order toextend protection<\/strong> from the brand to its graphical display<\/strong>.<\/p>\n

This trademark is also registered when thethe verbal element of the mark is not very distinctive<\/strong>and that the distinctiveness of the mark is mainly apparent from its figurative elements.<\/p>\n

\n

For example, a trademark \"Atlantic tuna\" designating canned fish has no distinctiveness as such, but filed with a distinctive graphic design (drawings, special calligraphy, etc.), it can be filed in semi-figurative form. In this specific case, it is absolutely necessary to avoid the filing of a word mark which will be automatically refused by the INPI.<\/em><\/p>\n<\/blockquote>\n

Please note that in the case of a trademark whose verbal element is not distinctive, the assessment of the distinctiveness of the graphic design will be made by on a case-by-case basis<\/strong>. Sometimes the design is considered too simple or too generic to give the trademark the distinctiveness necessary for its registration. The EUIPO (the European Union's office responsible for registering Community trademarks) is particularly strict on this issue.<\/p>\n

Important<\/strong>\u00a0<\/strong>Until 2014, it was practical to file a semi-figurative trademark in black and white (or grayscale), as it was then considered that the design was protected regardless of the colors used. It would appear that this is no longer the case, following a harmonization of practices at the European level. If someone reproduces in blue a logo that you have registered in black and white, it is no longer considered that these logos are identical. So you now have to argue about the similarity between these logos. Therefore, the black and white filing loses its interest, and it is probably better to file the trademark directly in the colour actually used by the applicant.<\/p>\n

The figurative mark<\/strong><\/h2>\n

A figurative mark is a mark consisting exclusively of graphic elements, to the exclusion of any verbal element. For example, a figurative mark is a mark consisting exclusively of graphic elements, excluding any verbal element:<\/p>\n

\"\"<\/a><\/p>\n

The figurative mark may also be composed of :<\/p>\n