Removal of “Graphic Representability” Requirement

  1.  Before, the trademarks, especially sound, movement and scent trademarks, had to be graphically representable. However, due to their characteristic, it may difficult to represent these kinds of trademarks; thus the number of registration of these kinds of trademark is low compare to word or device or their combination trademarks worldwide. But, this graphic representability requirement is not a requirement any more in the EU since it has been deleted by the EU Directive 2015/2436.

    Therefore, it would not be wrong to say that the registrations of trademarks such us sound, movement and scent (still maybe some difficulties due to its nature) are now easier. The comparison between Directive 2015/2436 and Directive 2008/95 can found below:

    Directive 2015/2436

    Directive 2008/95

    Article 3.
    Signs of which a trade mark may consist

    Article 2.
    Signs of which a trade mark may consist

    A trade mark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colors, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of:

    (a) distinguishing the goods or services of one undertaking from those of other undertakings; and

    (b) being represented on the register in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.

    A trade mark may consist of any signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings.

    As a conclusion, removing the graphic representability requirement in the EU is a big step for the non-traditional trademarks and their registrability.

© 2019 Deriş - All Rights Reserved