Figurative mark

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Image mark Mercedes star

Figurative mark is a mark in the form of a two-dimensional design without word mark components in Latin script, such as B. graphically designed letters, pictograms , symbols and images of objects. Chinese characters can also justify the character of the figurative mark. Image trademarks can be registered in color or black and white.

Colloquially, figurative marks are also referred to as advertising graphics , logos or company logos.

Key visuals as key images or basic acoustic motifs, on the other hand, serve less for commercial legal protection than for marketing by increasing the recognition value of products or companies. Examples are the purple Milka cow , the Michelin man or the characteristic sequence of tones at the end of the Deutsche Telekom commercials .

General

In principle, every image that is suitable for distinguishing the goods or services of one company from those of other companies can be registered as a figurative mark ( Section 3 (1 ) of the Trademark Act ).

Like any other form of trade mark, figurative marks must also be distinctive and must not contradict the principles for entry in the DPMA register. Simple geometric figures, for example, are usually not distinctive in this sense. In particular, this means that the mere depiction of the goods or services (if possible) cannot be registered as a figurative mark if only typical features of the goods or the service are shown.

In contrast to the word mark, it is also possible to define one or more characteristic colors (e.g. Pantone, RAL, HKS, etc.) for the figurative mark. This also applies in combination as a word-image trademark.

If one or more words are added to the figurative mark, one speaks of a word- figurative mark . This differs from the pure figurative mark and is checked twice according to the criteria of the word mark and the figurative mark.

The content of a figurative mark is described using the Vienna Classification .

Examples

In addition to the Mercedes star, well- known figurative marks are also the four rings for Audi and the Blitz for Opel .

Web links

Wiktionary: figurative mark  - explanations of meaning, word origin, synonyms, translations

Individual evidence

  1. ↑ Figurative mark German Patent and Trademark Office , January 14, 2019.
  2. ↑ brand forms ( Memento of 16 October 2013 Internet Archive ) www.dpma.de, accessed on 16 October 2013
  3. ^ Franz-Rudolf Esch: Key picture Gabler Wirtschaftslexikon, accessed on May 15, 2020.