Multimedia and hologram trade marks

A multimedia trade mark consists of a combination of image and sound, or of moving images combined with sound, while a hologram trade mark consists of elements with holographic characteristics. Both categories emerged with the abolition of the graphic representation requirement by Directive (EU) 2015/2436 and Regulation (EU) 2017/1001, the Directive having been transposed in France by the Ordinance of 13 November 2019. They are accepted by the EUIPO and INPI, Article L. 711-1 of the French Intellectual Property Code requiring only that the sign be capable of being represented in a manner that enables the subject matter of protection to be determined clearly and precisely.

Methods of representation

A multimedia trade mark is filed as an audiovisual file. A hologram trade mark is filed as a video file or as a graphic or photographic reproduction containing the views needed to capture the holographic effect. The representation must enable the authorities and the public to determine clearly and precisely the subject matter of protection, in accordance with the criteria laid down by the Court of Justice of the European Union and now incorporated into the legislation. The file submitted fixes that subject matter, and any subsequent change to the sign requires a new filing.

Distinctive character and its difficulties

These signs are subject to the general rules on distinctive character, but the public is not used to perceiving them as an indication of origin. A hologram is often understood as a security device or a decorative effect, and a multimedia sequence as advertising content. The applicant must therefore show that the sign, taken as a whole, departs sufficiently from the norms of the sector, or establish distinctiveness acquired through use, which remains difficult.

Protection and evidence in litigation

The comparison with a later sign concerns the overall impression created by the sequence or the holographic effect, taking account of its visual and sound components. Proof of use raises a specific difficulty, since use must relate to the sign as registered or to a form that does not alter its distinctive character, whereas animated media are frequently reworked. These trade marks sit alongside sound marks and motion marks, whose logic they often borrow.

Key points

Multimedia and hologram trade marks have been registrable under French and EU law since the abolition of graphic representation. Their registration comes up mainly against the requirement of distinctive character. Before filing, a stable version of the sign, the one that will actually be used, should be fixed and checked to ensure that it stands out from the visual and sound conventions of the sector. A supplementary filing of the fixed elements, logo or sound, remains prudent.

---

This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats is a patent litigation firm. Matters outside that field, such as trade marks, designs, copyright and IT contracts, are handled by practitioners the firm works with regularly, and by the firm itself when they arise in a patent dispute.

Intellectual property attorney · Tell us about your situation