To be capable of being represented on the Register a sign must fulfil a seven-fold criteria (known as the Sieckmann criteria) which stipulates that the representation must be clear, precise, self-contained, easily accessible, intelligible, durable and objective. The criteria is there to ensure that anyone who looks at Register is able to determine the precise nature of the sign being protected and the scope of its protection from the registration alone.

The legal test for sufficient representation on the Register asks the below question:

“Whether a reasonably observant person with normal level of perception and intelligence would, upon consulting the Register, be able to understand precisely what the mark consists of, without expending a huge amount of intellectual energy and imagination.” [Sony Ericsson Mobile]

However, different types of marks may have different thresholds to overcome in order to meet the Sieckmann criteria. This is particularly the case when concerned are unconventional marks e.g. shape, pattern, smell, sound, colour, multimedia marks, motion marks and holograms.

Word Marks

Typing the letters and/or contained numerals or symbols in standard typography would amount to a clear and precise representation of the sign. There may be play on lower case and upper case, but preferred is upper case. A standard font would cover all possible font types.

Figurative Marks

Figurative Marks or logos may contain stylised letters or number, or may consist of figurative elements only. Uploading a high resolution digital image would be sufficient for representation purposes. If the image contains words or letters, they must also be typewritten in the application and will become the title (the likely searchable element) of the registration. If the sign is in colour, the protection afforded would be for the sign in those colours. If the mark is in black and white, the scope of protection would be for the sign in any colour (there are however strategic reasons to opt for either one approach). If the sign is the pictorial representation of the packaging of a product, with all text included, then the title, subtitle and any additional prominently displayed text must be indicated. The small font text can be omitted. Notably, the more detailed the image of the packaging is the narrower the protection would be – yet such applications may have a strategic purpose.

Colour Marks

A colour can be represented by submitting a digital sample of the colour and a description of the colour which must include an internationally recognised colour identification code. If the representation is for a combination of colours, a written description is required to identify how the colours are associated (the order and ratio in which they appear, and the way they are used on the product), unless it is possible to determine that from the image itself (e.g. irrespective of the shape of the product the ratio and order of the colours will not change). The description in any case must illustrate a uniform application of the colour. A description that may lead the reader to assume that the colour, or combination of colours, may take a multitude of forms, would result in refusal of the application. Use of vague terms like ‘predominantly’ or ‘approximately’ would not amount to a clear and precise representation.

3D Shape Marks

To represent a three-dimensional shape (e.g. the shape of a product, it’s packaging or a container) uploaded can be up to 6 drawings or photographs showing different views of the shape. A single image showing a perspective view would be sufficient for simpler shapes where the shape can be determined from a single view. Computer-generated images in 3D are also acceptable in the UK but such a representation would not allow the registration to form a basis of an International Registration.

Pattern Marks

A pattern mark (e.g. a mark which consists exclusively of a set of regularly repeated elements, such as a repeating set of coloured stripes) can be represented by uploading an image of the pattern and including a description.

Olfactory Marks

The only way to represent an olfactory mark on the Register is by a description. However, in order to satisfy the criteria elements for representation, one of which is objectivity, the description must be such as to guarantee that the mark would be interpreted unambiguously. For that to be the case the smell applied for must be a distinct smell which everyone immediately recognises from experience [Vennootschap onder Firma Senta Aromatic Marketing]. “A floral fragrance/smell reminiscent of roses as applied to tyres” [Sumitomo Rubber Co.] and “the strong smell of bitter beer applied to flights for darts” [Unicorn Products] were the first successful olfactory trade mark applications in the UK.

Sound

Indicating the sound by way of onomatopoeia would not be deemed as sufficiently objective. A sound file (.mp3) however would be sufficient. Where the sound is a melody, also acceptable would be a musical notation, including pitch, tempo, and all other elements necessary to interpret the sound objectively. Notably, if the sound mark would be used as a base for an International Registration, it must be represented by way of a musical notation.

Motion Marks

Motion marks are marks that show movement or a change in the position of the elements of the mark and can be represented through a video or series of sequential images (submitted images must be able to fit in a single JPEG file / A4 sheet, irrespective of the number of images). A description of the motion mark has to be included if the representation is not a video file (e.g. a description of the subject of change, the number of still images in the sequence and their order). For the purpose of an International Registration only a graphic representation would be acceptable.

Multimedia Marks

A mark that combines image and sound can be represented only by an audio-visual file (and for that reason cannot form the base of an International Registration).

Holograms

A mark with holographic characteristics can be represented by uploading a video file or still images (graphic reproduction or photographs) of the change in the visual depiction (the number of views is unlimited but must fit in a single JPEG file / A4 sheet). A video file would not be accepted for the purpose of an International Registration.