3 strange trademark applications

Although words and logos are the most commonly used trademarks, they are not the only types that can be considered as a distinctive sign (and therefore a trademark). Colours, shapes, animations and sounds can also function as trademarks.

Generally, however, it is more challenging to get this type of trademark registered as it is commonly thought that consumers are not accustomed to recognising products or services on, for example, the sole basis of their shape or colour.

We recently came across three interesting trademark applications that were filed in the European Union, all of which were rejected (at least in part).

1. Can a commonly used hand gesture also be a trademark? Not according to the European Trademarks Office, as in their opinion, consumers will never recognise this as a trademark.

2. An application was filed for a wine bottle whose label features a black circle. Would you be able to identify a label purely by a black circle? In other words, is the shape on this label so distinctive that consumers can immediately recognise where the bottle comes from? Not according to the European Trademarks Office, and to be honest, they have a point.

3. The third application was for a meditating gnome for home furnishings and clothing – filed by Volkswagen. Of course, we are curious as to Volkswagen’s intentions with this trademark, which was partially rejected and may not be used for home furnishings. Fortunately for Volkswagen, their trademark application was accepted for the other products.

To conclude, an interesting trademark that was recently filed and was fully accepted:

Heidi, Hilde und Helga Go Wild has been registered for entertainment services. We are intrigued....