Bond, James Bond

No Time to Die is the title of the James Bond movie that will be released in 2020. A great occasion to assess the present trademark portfolio! Probably the reason to file the famous intro of the James Bond movies, as a trademark in the European Union.

Registration of a part of a clip or movie is nowadays more common. Previously we have seen the application of the Netflix leader. A good idea in the event the trademark is distinctive. When filing this type of trademark you have two options: a motion mark or a multimedia mark. But what’s the difference?

A motion mark only concerns the movement in a brand and does not include sound. If the filing contains sound, it regards a multimedia brand. The company behind James Bond has opted for both type of trademarks and has therefore filed two separate applications. The James Bond intro is of course highly distinctive, but this is largely due to the music. The EUIPO seems to agree with this view and has accepted the multimedia application. The motion mark filing however is still under examination. Often a sign of a pending provisional refusal. Hopefully this is not the case for Mr. Bond!

 

Arnaud Bos

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