Definition : Word mark


A word mark is a trade mark consisting exclusively of words, letters, numerals or a combination of them, without any particular graphic element. It is protected for the sign itself, regardless of the typeface, case or colour in which it will be used. Like any trade mark, it must be capable of being represented on the register in a clear and precise manner and must meet the conditions of Article L. 711-1 of the French Intellectual Property Code, which a string of characters satisfies without difficulty.

Signs capable of constituting a word mark

The category includes invented names, everyday words diverted from their meaning, neologisms, surnames, acronyms, numbers, slogans and geographical names, provided they are not descriptive of the goods or services designated. A foreign word is assessed according to the understanding of the relevant French public, so that a common English term may be held descriptive whereas a rare term will not. The word mark differs from the semi-figurative mark, which combines a word with a graphic design and is protected only as the whole thus formed.

Conditions of validity

The word mark is subject to the absolute grounds for refusal in Article L. 711-2 IPC, among which the lack of distinctive character, descriptiveness and customary or generic character come first. The sign must enable the public to attribute the goods or services to a particular undertaking, which is assessed by reference to the goods and services covered and to the perception of the average consumer. It must also be available, that is, it must not infringe an earlier right, whether a trade mark, company name, trade name, domain name or copyright, in accordance with Article L. 711-3 IPC.

Scope of protection

The word mark offers the broadest protection available, since it covers every graphic presentation of the word and makes it possible to act against use of the sign in any form, spoken or written. Infringement is assessed through the visual, phonetic and conceptual comparison of the signs, in which phonetic similarity carries particular weight for word signs. Use of the mark in a modified form that does not alter its distinctive character, for instance with a graphic design or a colour, counts as genuine use and shields the owner from revocation.

Key points

The word mark protects the word as such, in all its presentations, and is for that reason the reference filing for a product or company name. Its validity depends above all on its not describing anything and on its availability. File the word alone as a word mark before or together with the logo, choose a term that is sufficiently arbitrary in relation to the goods, and have the filing preceded by a thorough clearance search.

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.

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