Different types of trademark

A sound mark is a trade mark that consists only of sound. Sound marks can in principle consist of all imaginable tones, sounds and words, or a combination of these. Examples could be the sound when you switch on a computer, the sound when a program on the radio starts, or the sound a mobile application makes when the user receives or sends money.

The sound you want to protect must have a distinctive character. For example, you cannot protect the sound of a soda can being opened for soda. No one will perceive such a sound as someone's trademark, and other traders must be able to freely use this sound when marketing soft drinks.

A motion mark is a mark that consists of or includes a movement or a change in the position of the trademark's elements. This could, for example, be a logo that moves, that changes colour, or where new elements are introduced over time.

A multimedia mark consists of a combination of image/video and sound. The visual elements in the marks can be both text elements and graphic elements, and they can be with or without movement.

An example of a typical multimedia mark is the well-known clip of the film studio 21st Century Fox, which is at the beginning of many feature films the studio is behind. This sequence consists of both music and a film clip showing the text 21ST CENTURY FOX in gold, with spotlights around.

A pattern mark consists of a set of elements that are repeated regularly, i.e. as a pattern. Consider, for example, the consistent patterns brands such as Marimekko and Louis Vuitton use on their products.

Colour marks refer to marks where the colour itself is the characteristic. Either one colour alone, or a combination of several colours. A combined mark or figurative mark that has been applied for registration in a particular colour is therefore not a colour mark.

Imagine that someone, for example, gets an exclusive right to the colour purple for chocolate.

It is difficult to get a registration of a colour mark approved, because these often lack distinctive features. Consumers are not used to perceiving colours as someone's distinctive characteristics, and other traders should be free to use the colours they wish. In such cases, it must therefore often be proved to the Norwegian Industrial Property Office that the colour mark in question has become well known as the applicant's special characteristic through incorporation.

A position mark is a trademark that consists of the way the mark is placed on the item. Imagine that you are producing shoes, and the brand must be placed in a very specific place on the shoe.

An example of a position mark is the iconic high-heeled shoes of Christian Louboutin, with their red soles placed under the shoe.

A 3D mark consists of a three-dimensional shape. This may, for example, include the shape of packaging or the appearance of the product itself.

Among others, The Coca-Cola Company has registered the shape of the Coca-Cola glass bottle for soft drinks as a trademark, and Orkla has obtained approval for the shape of Bamsemums chocolate confectionery.

It can often be difficult to register the appearance of a product or its packaging as a 3D mark.

A shape cannot be registered as a 3D mark if it is necessary to achieve a technical result or if it adds substantial value to the product. For example, it is not possible to obtain exclusive rights to an ordinary soda can without any additional distinctive design, because a standard soda can has a technical function that other beverage manufacturers also need to use.

3D marks often lack distinctiveness, since consumers will not necessarily perceive the shape of a product as a trademark belonging to one specific business. And even if a shape does not serve a purely technical function, it may still be unreasonable for one company to obtain exclusive rights to a shape that is common within the relevant industry. In such cases, it is therefore often necessary to provide evidence to the Norwegian Industrial Property Office that the shape in question has become well known as the applicant’s distinctive sign through incorporation.

Holograms are three-dimensional images, which are formed by a form of light transmission.

Several players have started to use hologram technology in order to stand out among players and win customers' attention, among other things by creating holograms of the products for sale, of advertising posters, and the like.