Registrability of Motion Marks: Problems and Possibilities

Abstract

This thesis will look into the registrability of non-traditional trademarks and specifically, motion marks. Trying to point out problems and possibilities that a proprietor might face when applying for a Community Trademark. Firstly, the author will give a brief overview of the requirements that needs to be fulfilled in order to gain a Community Trademark. In chapter 2 there will be a general overview of smell, sound and colour marks for comparison for later discussion about motion mark in Chapter 3. These different types of non-traditional trademarks have to deal with different problems concerning registrability. Chapter 3 will be devoted to motion marks and how the case law has developed so far and how it can give useful guidance for future applicants.

The thesis will focus on the registrability from the European Union perspective, using EU legislation and case law as well as materials and procedural documents from the relevant organizations to shed light on the registrability.

Keywords: Motion marks, trademarks, movement marks, multimedia marks