New Types Of Trade Marks And Representation Formats – How To Protect Non-Conventional Marks

As one of the key changes in the new EU Trade Mark Regulation (EUTMR) and Trade Marks Directive, graphical representation is no longer necessary for filing EU trade marks or national marks. New types of trade marks are now permissible which may be filed in formats not previously allowed, provided that, using generally available technology, representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective. In short it is no longer necessary for a trade mark to be "graphically represented" but just to be "represented".

Liberalisation of the definition of a trade mark paved the way for new ways to protect non-conventional trade marks. Specifically, protection was simplified and extended for trade marks involving scent, taste and sound, holograms and moving pictures. The filing procedure in particular is expected to be facilitated.