Marks in motion

Marks in motionThe Dutch airlines KLM has registered once the landing of a swan as a trademark (this swan was used in a television commercial). Like the opening doors of Lamborghini both examples of a motion mark. But the fact is that a mark that concerns a movement (other than a short intro or animation) will only be recognized as a trademark in only a very few cases.

Noteworthy is the recent application of a “show”cook of the steak restaurant Nusr-Et. As seen in this video the cooking of this cook is accompanied by some theatrical movements. One of these movements is the “Salt Scatter”, the cook adds some salt through his arm (don’t ask why). This movement is now filed as a trademark in the European Union (see below).

Someone can be known by a particular movement (just think of some athletes), but this makes a movement not a trademark, a sign that is capable of distinguishing goods. Insofar as this trademark is accepted by the EUIPO, it will be the question whether the movement itself will be protected. But with or without the trademark, the show will go on.

Marks in motion

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Arnaud Bos

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