Monitor Prawniczy

no. 21/2016

Legal barriers to getting protection for unconventional trademarks

Karolina Sztobryn
Autorka jest adiunktem w Katedrze Europejskiego Prawa Gospodarczego WPiA Uniwersytetu Łódzkiego oraz rzecznikiem patentowym.
Abstract

Nowadays, entrepreneurs seek various forms of advertising as well as new forms of labelling their products in order to draw consumer of. Traditional forms of labelling products with word and graphic trademarks and logos, are no longer an attractive means of communication indicating the origin of goods or services. Therefore, entrepreneurs often mark their products using non-traditional forms, such as smell, taste, shape or sound. However, the possibility of legal protection of unconventional trademarks is limited. Most often, patent offices refuse protection for such trademarks due to the lack of graphic representability and distinctiveness. In this article, the author will present the characteristics and will analyse the requirements for protection of unconventional trademarks.