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When are simple graphic symbols eligible for trademark protection?

Expert article on trademark law

When are simple graphic symbols eligible for trademark protection?

The registrability of simple figurative marks as trademarks is often disputed – especially when dealing with highly simplified graphic representations. A recent case before the EUIPO illustrates this point using the example of a... vertical brushstroke.

The office decided: The graphic representation of a stylized brushstroke in black is not distinctive and therefore not eligible for registration as a Union trademark.

Reason:

The representation is too easy, It has no memorable or striking features.
The brushstroke will be seen by the relevant traffic circles. not as an indication of the company's origin, but merely as decorative element perceived.
Even a market trend towards design reduction doesn't change that: Legally, only the fulfillment of the origin function counts..

Conclusion: Anyone wishing to protect graphic elements as a trademark should check whether these sufficiently individual and concise are designed – and do not merely function as design elements.

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