Trademark and its Representation

The trademark and its representation in the context of the current market are among the most valuable assets of any company. It is a Distinctive Sign of Commerce that can be registered.

The identification and distinction of products or services from different companies are made through the trademark. It consists of various elements, such as the name, logo, slogan, colors, typography, sound, or packaging.

Like all intangible assets of a business, protecting it is essential. And the best way to do so is by ensuring its registration. Although not mandatory, this registration prevents third parties from using, producing, manufacturing, selling, or exploiting the registered trademark without authorization.

But now you may be wondering: What benefits are there in registering a trademark? It’s very simple. By protecting your trademark, you prevent imitations or copies from third parties, increase its value, and strengthen the company’s image!

However, this is a complex process that begins with the characterization of the various types of trademarks. In this article, learn about the types of trademarks and their representation.

Types of Trademarks and Their Representation

A trademark is much more than just a visual representation. The values, mission, vision of the organization, and the experience offered to the consumer are all encompassed within this “simple” representation. A strong trademark develops emotional connections with the public and, in doing so, builds bonds while creating lasting connections.

It is possible to register various types of trademarks, each falling within different categories and subject to specific rules.

Thus, we have:

Nominative Trademark

The nominative trademark consists solely of words, letters, numbers, or other standardized typographic characters and does not include any graphic elements.

The nominative trademark is represented by standardized graphic and formatting elements, without any additional graphic representation or stylization. This category includes brands like Coca-Cola and Google, for example, as trademarks composed of words.

Figurative Trademark

This trademark is formed by graphic elements or words, letters, numbers, or other typographic characters, whenever they are presented in a stylized format, non-standardized, or feature a graphic characteristic or color.

The registration of this type of trademark is represented by elements that claim a specific typography and color. Lego and Adidas are two examples of figurative trademarks.

Three-Dimensional Trademark or Shape Trademark

This type of trademark consists of or incorporates a three-dimensional shape. Thus, a container, packaging, the product itself, or even its appearance can serve as its distinctive sign.

The registration includes computer-generated images or photographic reproductions.

A good graphic or photographic illustration includes different perspectives for a better perception of the element to be protected. Toblerone is a good example of a three-dimensional trademark.

Position Trademark

This sign is defined by the way it is placed or added to the product. Therefore, when registering, the position of the sign, as well as its size or proportion relative to the products in question, must be represented as precisely as possible.

In this representation, all elements are visually identified, including those that are not part of the object, through dashed lines. Finally, the representation is accompanied by a brief description, if necessary, to specify how the sign is applied to the product. The red sole of Louboutin shoes or the “N” on New Balance sneakers are examples of this category.

Pattern Trademark

This sign consists exclusively of a set of elements that are constantly repeated. The pattern trademark is represented through a sequence, and its registration is accompanied by a description specifying the frequency of repetition of its elements.

Louis Vuitton is a good example of a pattern trademark, with its well-known patterns printed on all of its products.

Color Trademark

This type of trademark is defined by a single color, without outlines, or by a combination of colors, also without outlines. A trademark consisting of a single color is represented by the name of the color or by indicating the reference of a commonly recognized color code.

The sign composed of a combination of colors is reproduced to show its arrangement in a uniform and defined manner. In these cases, a brief description is added to specify the systematic arrangement of the colors. The unmistakable red color of Coca-Cola is an example of this.

Sound Trademark

The sound trademark consists exclusively of a sound. It is presented through an audio file that reproduces the sound or, alternatively, written in a musical notation that provides an exact representation of the sound.

Sometimes, a sound may go unnoticed by the most distracted. However, it is easily recognizable. This is the case with Walt Disney Pictures, for example, which uses the opening notes of the song “When You Wish Upon a Star” in the opening credits of its films.

Motion Trademark

As the name suggests, this sign is characterized by a movement or a change in the position of the elements that make it up. The motion trademark is represented by a video or a sequence of images showing the change in position of the elements that constitute the sign.

If the images are static, rather than in video format, they are numbered and/or accompanied by a brief descriptive explanation of the sequence. A great example of this type of trademark is the iconic movement associated with the Windows brand, which has marked several generations.

Hologram Trademark

Finally, of all the types of trademarks we have covered in this article, there remains the hologram trademark, characterized by holographic elements.

In other words, it is represented by a video, graphic sequence, or photograph containing the necessary angles to fully identify the holographic effect. This type of sign is currently expanding due to market demands and ongoing global changes.

The trademark and its representation are crucial elements for the success of your business. Since it is the first contact the public has with the brand, it should be memorable, attractive, and striking. Additionally, it is essential to maintain consistency across all communication channels of the organization, such as social media, packaging, products, and others.

Through a good representation of the brand, recognition is enhanced, the brand’s values and personality are communicated, and loyal connections are created, which consequently leads to increased sales.

Thus, brands with a strong and consistent representation develop greater recognition and reputation within the markets. And how about yours?