We have, on many occasions, discussed the fact that a trade mark
does not need to be a word or a logo. A trade mark can be a whole
range of things – a slogan, a shape, a sound, a scent, a
gesture, a colour combination, trade dress...
A trade mark needn't even be static, it can be something
that moves. The concept of a motion mark has been around for some
time. South African readers will be aware that quite a few years
ago, Sasol started using a moving logo comprising molecules. A
problem with motion marks is finding a way of representing them
adequately for trade mark registration purposes. One possibility
might be to submit a series of images showing the different stages
of the movement, together with a written description. But it's
debatable whether that really gets across what the motion mark
comprises.
