Reading time: 3 minutes

We occasionally assist businesspeople seeking to apply for trademarks over holograms (which change depending on the angle from which they’re viewed), gestures and moving images. Although on the surface these signs appear to be more difficult to register due to their unusual nature, achieving trademark registration for these types of signs follows the same principles and requirements as all other trademarks. As always, the applicant trying to get trademark registration must clearly represent the trademark and show all of its features.

How to apply

When you apply for trademark registration, it is important that your application have a description of the trademark attached to it that highlights the primary features of the mark. It is then a requirement that some sort of moving visual representation (video) be attached that illustrates the desired mark. The more exact and defined the description of the hologram/movement mark, the more likely it will be accepted when you apply for trademark registration. Using positive terms, the trademark should be described as accurately as possible. What is actually happening in the movement trademark? What are the primary visuals/colours? Is it a sequence mark? In other words, there cannot be any confusion as to the trademark being claimed. Those looking at the application must know exactly what the parameters (scope and limitations) of the mark are, so that they can avoid trademark infringement. Here is an example of how the M&M Company described their movement mark: The trademark is the portrayal of the red coloured character as it appears in the video clip attached to the application form. The two-dimensional image of the character attached to the application form is a still of a scene from the video clip. The trademark does not include words or sound.

Holograms and Gestures

Getting trademark registration for holograms can be more difficult in that each new perspective or view of the hologram must have its own description and graphical representations. This is a very rare type of trademark and currently none exist in Australia. In the same vein, gesture marks need to be claimed by providing a very exact and clear, unambiguous description of the particular gesture, as well as representations to describe the breadth of the gesture. With these unusual marks, clear expression is key. Phrases like “as exemplified in” or “an example of which” are not precisely defining the trademark, and won’t be accepted by the trademark examiner.

Some prominent examples

Some recent examples of moving marks in Australia include M&M’s character animations, the Nokia handshake on its mobile opening introduction, and a Microsoft sequence mark.

Conclusion

Trademark registration is difficult to achieve when the mark itself is more unusual. In these instances, it is more advisable that you seek professional legal advice about how to successfully apply to register your trademark. Our team of trademark lawyers are very experienced in this field and have come across some very unusual marks in the past. For a free quote, contact LegalVision on 1300 544 755.

Webinars

How Franchisors Can Avoid Misleading and Deceptive Conduct

Wednesday 18 May | 11:00 - 11:45am

Online
Ensure your franchise is not accused of misleading and deceptive conduct. Register for our free webinar today.
Register Now

New Kid on the Blockchain: Understanding the Proposed Laws for Crypto, NFT and Blockchain Projects

Wednesday 25 May | 10:00 - 10:45am

Online
If you operate in the crypto space, ensure you understand the Federal Government’s proposed licensing and regulation changes. Register today for our free webinar.
Register Now

How to Expand Your Business Into a Franchise

Thursday 26 May | 11:00 - 11:45am

Online
Drive rapid growth in your business by turning it into a franchise. To learn how, join our free webinar. Register today.
Register Now

Day in Court: What Happens When Your Business Goes to Court

Thursday 2 June | 11:00 - 11:45am

Online
If your business is going to court, then you need to understand the process. Our free webinar will explain.
Register Now

How to Manage a Construction Dispute

Thursday 9 June | 11:00 - 11:45am

Online
Protect your construction firm from disputes. To understand how, join our free webinar.
Register Now

Startup Financing: Venture Debt 101

Thursday 23 June | 11:00 - 11:45am

Online
Learn how venture debt can help take your startup to the next level. Register for our free webinar today.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Winner – Australasian Lawyer
  • 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year - Australasian Law Awards
  • 2019 Most Innovative Firm - Australasian Lawyer