
Graphical Representation - Types of mark
The graphical representation requirement no longer applies when submitting a trade mark application as and from 1 October 2017. This means that, from that date, signs can be represented in any appropriate form using generally available technology, as long as the representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective.
The result is a ‘what you see is what you get’ system, which aspires to make the trade mark entries on the EUTM Register clearer, more accessible and easier to search for.
Article 3 of the EU trade mark Implementing Regulation (EUTMIR) lays down specific rules and requirements for the representation of some of the most popular types of trade mark, including some technical requirements, in accordance with the specific nature and attributes of the trade mark in question.
The objective is to increase legal certainty for users and reduce the objection rate for formality objections.
The following table contains a list of the most popular types of trade mark, their representation, whether a description is required and the format accepted by EUIPO when filing a trade mark on or after 1 October 2017.
Type of trade mark | Description required? | Format required |
---|---|---|
Word | No | N/A Show |
Figurative | No | JPEG Show |
Shape | No | JPEG OBJ STL X3D Show |
Position | Optional (previously mandatory) | JPEG Show |
Pattern | Optional | JPEG Show |
Colour (single) | No | JPEG Show |
Colour (combination) | Optional (previously mandatory) | JPEG Show |
Sound | No | JPEG MP3 (max 2 Mb) Show |
Motion | Optional (previously mandatory) | JPEG MP4 (max 20 Mb) Show |
Multimedia | No | MP4 (max 20 Mb) Show |
Hologram | No | JPEG MP4 (max 20 Mb) Show |
As and from 1 October 2017, there will be three main areas of change. Click on each section to get full details:
The contents of this section are for general information and awareness of the EU trade mark regulation. They are not legally binding.
We strongly recommend that all users or potential users refer to Regulation (EU) No 2015/2424, available in all EU languages.
Please note that the Office’s Guidelines remain the main point of reference for users of the European Union trade mark system and professional advisers who want to make sure that they have the latest information on EUIPO’s examination practices.
Information relating to the changes which entered into force on 23 March 2016 can be found here.