Generally speaking, there are three types of trademarks subject to registration: individual marks, collective marks and certification marks.
The first of the above-mentioned categories, individual trademarks, include trademarks that are held by a single owner, meaning they guarantee exclusive use of the trademark to the entity in whose name it was registered. It is, of course, possible for multiple entities that jointly registered a trademark to enjoy a joint right of protection.
As for the second category mentioned above, collective marks, they can be filed, for example, by associations or legal entities governed by public law. They enable the goods of a given association to be distinguished from competing goods. They facilitate the recognition of specific groups of goods, for example, those that share a common feature.
Certification marks, on the other hand, are the relatively newest type of EU marks, and are intended for marking goods that meet the requirements of a given organization and are certified, i.e. subject to specific standards and supervision.
Currently, since – in accordance with Regulation (EU) 2015/2424 of the European Parliament and of the Council amending the Community Trademark Regulation (the so-called Amending Regulation) – there is no longer an obligation to require a "graphic" representation of a mark, virtually any trademark, as long as it meets certain requirements, can be registered. Such a mark can therefore consist of any signs, i.e., words, numbers, letters, shapes, sounds, etc., and does not need to be represented graphically. However, such a mark must possess distinctive character, meaning it must be capable of distinguishing the goods (or services) in question from those of another company, and it must not be descriptive in nature. If it can be presented in any format acceptable to the office, it does not need to be represented graphically and can be registered.
This alert is for informational purposes only and does not constitute legal advice.
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