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How many trade marks ?
Clever marketing targets all of our senses.
How many trade marks can you find? Just the one? Or perhaps two or three?
We have come up with a widely creative product so that we can show you just how many different ways our imaginary client Ringalongling Ltd can build, protect and leverage their product, a mobile phone with a unique shape, sounds and scents.
If you see the potential to protect seven or more aspects of this product through trade mark registrations, please head over to our jobs page. We are always on the look out for talented trade mark professionals.
Curious which trade mark is best for you?
BOVARD is at hand to devise a plan that strikes the right balance for maximum protection of your products and services. We keep your market segment, future goals and budget in mind. Our trade mark experts are eager to get to know you, your business and brand story.
Let's have a look at the types of trade marks that may be available to Ringalongling Ltd.
Word mark
ROTACOL™
This is perhaps the most obvious type of trade mark that you may have discovered in the ad above.
A word mark typically gives solid protection to the rendition of the mark in a number of fonts and colours. Ringalonglin Ltd have opted to use the letters TM next to the trade mark. Once registered, the R symbol may be used, like this: ROTACOL ®
Stylised mark
The rendition of the ROTACOL trade mark has distinctive embellishing elements which can be protected through a stylised word mark. Filing the stylised mark in black & white currently grants for a variation of different colour renditions in Switzerland.
This is changing however, and it may be advisable to file the stylised mark also (or only) in colour.
Device mark
Figurative marks, often referred to as device marks or logos, allow for added flexibility in marketing. They are used as favicons in websites and on products are much quicker recognised and absorbed by customers than pure word marks.
Ringalongling Ltd have created a device mark which is based on the concept of communication (unfinished speech bubble to encourage an exchange) and the three dots imply continuance of a conversation.
All these elements are part of Ringalongling's corporate identity and are prominently used in marketing and on the products themselves. Obtaining trade mark rights in the logo makes perfect sense.
Colour mark
By now, we might be getting into an area of trade mark protection that is new to you.
There are colours that have become synonymous with a company. Think of the specific aqua colour of a certain jewellery store or the deep red of the classic Swiss army knife.
Ringalongling Ltd feel that the lavish golden colour of their mobile phones allows consumers to instantly make the connection between their product and their company; long before the consumers see the trade mark or catch a glimpse of the entire mobile phone.
We have good news for Ringalongling. Based on proof of notoriety, it is now possible to file colour trademarks in Switzerland.
Animated mark
In the digital market place, moving trade marks and animated logos are increasingly part of how products and services are distinguished from one company of those from another.
Ringalongling Ltd animated their ROTACOL trade mark in an engaging way. Growing lines intertwine and are reminiscent of information superhighways whilst writing out the ROTACOL name. This animated mark is used as opener on all of their social media and advertising videos. The Swiss Trade Mark Office has a little bit of catching up to do in relation to the accepted formats of animated trade marks. Hopefully video files will be accepted in the near future.
Position mark
That the earpiece of the headset is painted in a rich burgundy red, which is in strong contrast to the rest of the headset, is another distinctive characteristic of the ROTACOL mobile phone.
It is possible to gain trade mark protection where the positioning of a distinctive element in itself becomes a distinguishing character of the product.
Think of three stripes on a certain sports shoe. Or in this case, the positioning of burgundy colour on the ear piece.
Acoustic mark
Jingles and sounds have become more and more part of how companies distinguish their products.
Ringalongling Ltd have created a jingle which is used in every piece of multi media advertising, on the radio and when turning on their products. The melody element of the jingle can be filed as a trade mark by submitting a music note sheet. We are hopeful that actual audio files can soon be submitted when seeking registration of an acoustice mark. This will allow all kinds of distinctive sounds to be registered as trade marks.
Other examples of a sound trademarks registered in other jurisdictions are the loud roaring of a lion before the start of a movie or the clicking sound when flicking open a particular lighter.
Shape mark
The shape of this phone is very unique and purely aesthetic. It doesn't serve a technical purpose as speakers, microphones and keypad are also accessible through a flip out cover on the back. We had to add this information as a shape trade mark is only registrable if it isn't necessary for the product to serve its purpose.
Shape trademarks are typically very difficult to register and there aren't that many on the Swiss Register to date. Perhaps a better example here would be the triangular shape of a certain chocolate bar, the shape of a glass bottle containing a soda or the bubble shape of a bbq.
Alternatively, a design registration could give the desired protection.
Scent mark
Scent trade marks are the newest kid on the block and largely unchartered territory.
In our imaginary world, Ringalongling Ltd have come up with a unique mobile phone with a distinct scent of leather and ink which is reminiscent of a stately library. Furthermore, instead of acoustic ringtones, we imagine that the user can assign different scents to callers in their contact list. If you wonder how this technology (were it to exist) could be protected, head over to our patents page.
Hologram
The ROTACOL product has made quite a stir and infringers and copy cats are already mobilising to get a share of the market.
Similar to passports, Ringalongling Ltd is using hologram technology to great effect to mark their mobile phones as being a genuine, original ROTACOL mobile phone.
The hologram is a reflective disc with a watermark speech bubble logo in the centre and is affixed in the centre of the dial.
It is possible to obtain trade mark registration for holograms in Switzerland.
- Shape trade mark or Design ?
A design is solely about the visual aspect of a product or its packaging whereas a trade mark is used to indicate the origin of a product or service. To be able to be registrable, a trademark may not be descriptive of a the goods or services; in other words, is not registrable if it is a commonly used shape for that type of product or has a functional purpose. For this reason, it is not easy to secure registration of a shape trademark. If granted, a shape trade mark can be renewed indefinitely.
A Swiss design on the other hand, must be novel to be able to be registered and can be renewed to a maximum of 25 years.
- What's the difference between a trademark and a service mark?
A trademark is used to identify and distinguish the goods of one company from those of another, while a service mark is used to identify and distinguish the services of one company from those of another. In other words, a trademark is associated with a product, while a service mark is associated with a service. The legal protection for trademarks and service marks is generally the same. It is also possible and common that a trademark registration covers both goods and related services and vice versa.
- Can I obtain international protection for my trademark?
Yes, you can obtain international trademark protection through the Madrid System for the International Registration of Marks. This system provides a streamlined process for filing and examining trademark applications in multiple countries.
- How do I enforce trademark rights ?
Depending on the severity of the infringement and its impact on your circumstances and future goals there are a number of options available to you. As a first step, a cease and desist letter may be all that's needed. Should this action fail to have the desired effect, stronger legal action may be required to enforce your rights. This may involve filing a lawsuit and seeking damages, an injunction, or both. BOVARD can assist you with enforcing your trademark rights.
- How long does trademark protection last?
The duration of a trademark registration varies depending on the country in which it is granted. In most countries, trademark registrations last for 10 years, and can be renewed indefinitely as long as the trademark is still in use.
- What is an international trademark?
An international trademark, is a trademark registration that provides protection in multiple countries through a single application. It is governed by the Madrid System, which is a treaty administered by the World Intellectual Property Organization (WIPO).
Under the Madrid System, a trademark owner can file a single application, called an international application, with their home trademark office to seek protection in multiple countries that are members of the Madrid System. The home trademark office will then forward the application to the WIPO, which will examine it and register the trademark if it meets the legal requirements. Once the trademark is registered, it is then examined in each designated country of jurisdiction in accordance with their specific trademark law and requirements.
- Protection can subsequently be expanded provided the examination process in the newly designated country is successfully concluded. The advantages of an international trademark include:
- Filing an international application is often more cost-effective than filing separate applications in multiple countries.
- The Madrid System provides a streamlined process for registering and managing international trademarks.
- The owner of an international trademark can renew and maintain the trademark in all designated countries through a single renewal process
- What's the difference between a brand and a trademark?
A brand and a trademark are related concepts but are not the same thing.
A brand is the overall image, reputation, and identity of a company, product, or service in the marketplace. It encompasses a wide range of elements, such as the company’s values, mission, messaging, design, and customer experience. A brand is a perception held by the public about a particular company, product, or service, and it can influence consumer behaviour, loyalty, and trust.
On the other hand, a trademark is a specific symbol, word, phrase, or design that identifies and distinguishes the goods or services of one company from those of another. It's purpose is to provide the owner with exclusive rights to use the mark in connection with their products or services.
In summary, a brand is a broader concept that includes many different elements, while a trademark identifies and distinguishes a company’s products or services.