Types of Trade Marks

Word Mark

A trade mark consisting exclusively of words or letters, numerals, other standard typographic characters or a combination thereof.

Examples:7UP

Just Do It!


Figurative mark

A trade mark where non-standard characters, stylisation or layout, or a graphic feature or a colour are used, including marks that consist exclusively of figurative elements or a combination of verbal and figurative elements.

Examples:NikeStarbucks

Combined mark

A trade mark that contains a mix of standard characters and figurative element(s).

Examples:Mr.-TaytoKerrygold

Shape Mark

A trade mark consisting of, or extending to, a three-dimensional shape, including containers, packaging, the product itself or their appearance.

Examples:BottleGas-bottle

Position Mark

A trade mark consisting of the specific way in which the mark is placed or affixed on the product.

Examples:LevisPosition-mark---shoe

Pattern Mark

A trade mark consisting exclusively of a set of elements which are repeated regularly.

Examples:Pattern-markPattern-mark---2

Colour Only Mark

A trade mark that consists (i) exclusively of a single colour without contours; or, (ii) exclusively of a combination of colours without contours.

Examples:Colour-Mark-purpleColour Mark

Sound Mark

A trade mark consisting exclusively of a sound or combination of sounds.

Example:Sound-Mark

Motion Mark

A trade mark consisting of, or extending to, a movement or a change in the position of the elements of the mark.

Example:Chocolate-orange

Multimedia Mark

A trade mark consisting of, or extending to, the combination of image and sound.

Hologram Mark

A trade mark consisting of elements with holographic characteristics.

Examples:HologramHologram-VF

All of the above types of marks can also be registered as Collective or Certification marks so long as the meet the additional specific requirements for registration. Collective and Certification marks are defined as follows:

Collective Mark

A Collective trade mark is a mark that distinguishes the goods or services of the members of an association from those of others.

Certification Mark

A Certification trade mark is a mark that "certifies" goods or services as being of a certain standard or possessing certain qualities or other characteristics.  A certification mark can only be registered in the name of the proprietors if they themselves do not produce or provide the goods or services to which the mark is applied.

Series of Trade Marks

A series of trade marks is a number of marks (no more than six), which resemble each other in their important features and differ only in respect of non-distinctive elements that do not substantially affect their identity.