21.9. Moving images, holograms and gestures

Trade marks which consist of moving images, holograms (which change their character when viewed from different angles) and gestures are some of the more unusual signs for which applicants are requesting registration.  

While these particular signs may appear to be more complex than the others already discussed, the same principles and requirements apply.  The applicant must provide clear representations which show all the features of the trade mark.  The application must be accompanied by a description of the trade mark which likewise clearly describes all the features of the trade mark.  A copy of the actual trade mark, as a video clip for example, must also be provided.

The description for either a movement trade mark or a hologram must be precise.  It should describe exactly what the trade mark consists of in positive terms.  The wording of the description must refer precisely to the trade mark which is being claimed – there should be no ambiguity.  An example of a suitable description could be as follows:

The trade mark is a movement mark.  It consists of a yellow balloon with a face drawn on it which floats from the bottom left corner of the screen to the top right corner, while the facial expression changes over the course of the traverse from frowning to smiling.  The trade mark appears in the video clip attached to the application.

The description for a hologram must clearly describe each view formed by the hologram when it is moved about.  Representations of each view should also be provided.

Similarly, if the applicant is claiming a gesture as a trade mark, a precise description of the gesture must be provided, and appropriate representations to demonstrate the full scope of the gesture.  

In all the above cases, expressions such as “as exemplified in” or “an example of which” within the description do not precisely define the trade mark, and will not be acceptable.