Dragan Zlatović, LLD*
Non-conventional trademarks in the light of new European regula
Summary
Trademark law continues to be one of the most interesting branches of law, not just in the realm of intellectual property law but in terms of general legal developments as well. Traditionally, the subject matter of trademarks includes words, logos, symbols or a combination thereof. Non-conventional or non-traditional trademarks are those marks which are beyond the purview of traditional trademarks and therefore consist of marks originating from shapes, sounds, smells, tastes and textures. Regulation (EU) No 2015/2424 of the European Parliament and the Council amending the Community trade mark regulation (the Amending Regulation) entered into force on 23 March 2016. The Amending Regulation removes the graphical representation requirement. This means that, from 01-10-2017, signs can be represented in any appropriate form using generally available technology, as long as the representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective. This paper deals with the new era of non-conventional trade marks and their registration.
Key words: trade mark, non-conventional trade marks, intellectual property law, smell marks, sound marks.