Skip to content
In the UK, we must allocate every mark to a specific category. These categories streamline the process for organisation, clarity, and searching for similar marks. The main types of marks that we organise into are word marks, figurative marks, three-dimensional marks, moving images and hologram marks, sound marks, and marks consisting of colour(s).
It is vital that the mark can be accurately represented in the mark application; otherwise, it will not be accepted. What is meant by being represented accurately is that the mark should be presented on the application in a clear, precise, self-contained, easily accessible, durable and objective manner.
Figurative Mark
A figurative mark, also generally understood as a logo mark, is used to categorise a mark involving a visual element. Visual elements may be a specific unique font on the goods, a drawing, an icon, a string of text or a combination of all these elements. It is important to note that the protection is focused on the mark as a whole, not the individual elements which it is made up from. Whilst a word mark protects the text itself, a figurative mark protects the visual appearance of the logo as a whole, as well as any associated text. An example of this would be a logo for a company that consists of a specific unique font placed on top of an icon. This would be registered as a figurative mark and protect the font and the icon.
Word Mark
In the UK, a mark will be classified as a word mark if it comprises a single word, phrase or a slogan. These will actually offer a wider range of protection compared to other types of marks such as logos. For a word mark to be accepted, it is important that it is distinctive and easily distinguishable from similar trademarks that may want to oppose the application. Furthermore, it can not be misleading or deceptive to where it can trick the average consumer into thinking they are buying another product from another company. It is also important that the word mark does not include common words, common names and geographical names.
Three-Dimensional Mark
If the mark is three-dimensional, stating that it is a three-dimensional mark would not suffice and would not be enough to be accepted. If the mark consists of a general overall shape of the goods or service or the packaging, it is inherently difficult to represent the true design of the mark in an application form. This is especially true regarding a packaging box with each face being different, or if the mark itself is rounded. This is why, most of the time, the mark has to be represented in multiple perspectives on the application, each being named for what they are showing. This representation may come in a picture or words accurately describing the contents. It is important to note that these pictures or representations are accurate and abide by the rule of a “clear and precise” representation. If the representation is unclear and not precise, the application will be refused until amended.
Moving Images and Holograms Mark
A mark that involves moving images will require the same degree of representation and explanation as every other application. Similarly to a sound mark, the representation of the application must be in its entirety clear, precise, intelligible, durable, objective, and self-contained. These will be graphically represented in a series of still images, each with unique requirements. Each should represent what the image depicts, the change in appearance from the last one, how many images are involved in the complete sequence of movement and in what order the images appear. A hologram mark must contain descriptions of each of the various views depicted in the hologram, to meet the graphical representations required for a correct mark application form.
Sound Mark
If the intended mark is a sound, it must be capable of distinguishing itself from other goods or services. These are similar to smell marks in the same way they are not inherently capable of being represented in an application graphically, like a figurative or word mark. However, this does not mean that you can go without representing it correctly and precisely in an application to file a mark. The representation of the application must be in its entirety, clear, precise, intelligible, durable, objective, and self-contained. An application for the sound mark must be labelled correctly and not regarded as a word mark, as it has to be described.
Marks Consisting Exclusively of Colour or Colours
A mark will be categorised here when it consists exclusively of a particular colour or array of colours. The colour or colours will be represented in the application via a description following an internationally recognised colour identification system, for example, dark red or bright yellow. When the mark consists of colours on their goods or packaging in a commercial setting, the appropriate description should be included as part of the representation of the mark. It must be clear what colours will be on the goods or packaging, and where they will be placed. It may become apparent that to represent the colours of the marks properly, you have to provide a picture or diagram to help identify the areas where the colours are applied.
