EUIPO removes the requirement of graphic representability of trademarks

The European Union Intellectual Property Office abolished, since October 1, 2017, the
requirement of graphic representability of the Trademarks.
Before that date, in fact, a trademark, to be valid, had to be graphically representable. This
requirement gave several problems to trademarks such as sound trademark, movement
trademark, olfactory trademark and others. Famous cases (not all before EUIPO) are the
trademark of Metro-Goldwyn- Mayer consisting of a “lion’s roar” (the famous roar at the
beginning of the movies) refused because it was not sufficiently described: according to
the examiner there where different lion roars and it was not clear which roar was
protected.
Now thanks to new formats and reproduction options is much easier to obtain protection
for sound marks, three-dimensional and multimedia. Indeed, in addition to jpg files
previously supported, it is now possible to use 3D objects formats (OBJ, STL, X3D) video
formats (MP4) and audio formats (MP3).
The EUIPO provides the table below.

Type of trade mark Description required? Format required
Word No N/A
Figurative No JPEG
Shape No JPEG OBJ STL X3D
Position Optional (previously mandatory) JPEG
Pattern Optional JPEG
Colour (single) No JPEG
Colour (combination) Optional (previously mandatory) JPEG
Sound No JPEG MP3 (max 2 Mb)
Motion Optional (previously mandatory) JPEG MP4 (max 20 Mb)
Multimedia No MP4 (max 20 Mb)
Hologram No JPEG MP4 (max 20 Mb)

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