HOLOGRAM MARKS – GENERAL INFO
Hologram marks, or simply holograms, are something we encounter daily, although we might not notice them! They can be used for security purposes or to confirm product authenticity (for example they are used this way on banknotes and disks). A hologram is an image that changes in appearance when viewed from different angles.
Hologram marks may have certain features, such as
· image swapping effect;
· three-dimensional volume effect, e.g. image appears to emerge;
· three-dimensional deep effect, e.g. image appears to have depth;
· rotating three-dimensional elements in digital holograms;
· digitally visualized effects, e.g. on LED display.
EXAMPLES OF HOLOGRAMS THAT HAVE BEEN REGISTERED
France 96637894, holder: GROUPEMENT DES CARTES BANCAIRES, Groupement d'intérêt économique
Classes 9, 16, 36, and 38: including cash machines, banking, and banking services.
Germany 302023107210, holder: SSV Ulm 1846 Fußball e.V.
Classes 16, 25, 28, and 41: including games, toys, video game equipment.
EXAMPLES OF HOLOGRAMS REGISTERED WITH THE EUIPO
EUTM 012383171, proprietor: Laboratoires ARKOPHARMA
Class 3: soap; perfumery; essential oils; cosmetics; hair care lotions.
Description: The trademark consists of a hologram composed of the text “PLANTE SYSTEM FRANCE” and four circles, in silver relief on violet holographic paper with highlights placed horizontally.
EUTM 017993401, proprietor: Google LLC
Class 9: including lighting control panels; loudspeakers; motion activated cameras; power cables and connecting cables; programmable locks; covers for mobile phones, smartphones and tablets; protective cases for mobile phones, smartphones and tablets.
DESCRIPTIVENESS AS A BARRIER TO REGISTRATION
When the hologram mark consists of a non-distinctive/descriptive/generic verbal and/or figurative element, it will be considered non-distinctive, and cannot be registered.
Important! The addition of a holographic effect to a non-distinctive verbal and/or figurative element will not necessarily be sufficient to give the mark distinctive character, since it will be perceived by the consumer merely as a banal or decorative element, regardless of whether it relates to the goods and/or services applied for.
REPRESENTING A HOLOGRAM
A hologram mark must be represented by submitting either a video file or a graphic or photographic reproduction containing the views necessary for sufficiently identifying the holographic effect in its entirety.
When the hologram is represented in a series of sequential still graphic or photographic images, the images must display all the views from different angles that are necessary to sufficiently identify the holographic effect in its entirety, particularly its height, width, depth and/or morphing effects of the three-dimensional image.
WHY IT IS IMPORTANT TO REPRESENT THE MARK PROPERLY
EUTM 018262778, applicant Bionorica SE, application was refused
The applicant submitted a video file, wishing to demonstrate the holographic effect using an image with a zoom in and zoom out motion. Application was refused because the mark was found to be a motion mark, not a hologram mark. The Board of Appeal concurred, stating that it was up to the applicant to prepare the appropriate application. Difficulties perceived by the applicant with respect to demonstrating the holographic effect cannot be detrimental to third parties wishing to review the mark in the register.