A multimedia trademark is a new type of trademark included in the group of "non-conventional trademarks" consisting of a combination of image and sound. In order to apply for its registration, an audiovisual .mp4 file containing the image and sound combination claimed as a multimedia trademark must be submitted.
Recently (7/03/23), the Board of Appeal of the European Union Intellectual Property Office (EUIPO) has revoked the first instance refusal of the application for registration of multimedia trademark number 18061546, consisting of a video with animated illustrations 22 seconds long. The Board of Appeal of the EUIPO has upheld the trademark registration on the grounds that it has sufficient distinctive character, contrary to the opinion expressed by the EUIPO Examiner. Specifically, the Board of Appeal considers that the most distinctive and dominant element of the multimedia trademark of reference is the superhero "SUPER SIMON", which is a highly distinctive character that will allow the consuming audience to remember and differentiate this multimedia trademark from the rest of the trademarks operating in the market within its concurrent sector.
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