BuzzLaw
the law behind the brands behind the buzz

In 2007, Toyota said it was seriously considering suing Jetstar over the use of what it called a “Toyota-style jump” in Jetstar’s ads.

Back then, it wasn’t clear if it was possible to register a “movement” as a trade mark.

Well, the Trade Marks Office has now confirmed that it will accept movement trade marks for registration.

In February 2010, the Trade Marks Office examiner’s manual was changed to provide guidance on the registrability of moving images, holograms and gestures as trade marks.

One of the technical requirements for any trade mark to be registrable is that it must be “graphically represented”. This also applies to movement trade marks. The application for registration must describe the movement in words, using a series of still images or in a video clip.

The examiner’s manual makes clear that the Trade Marks Office requires applications to be precise. It’s not enough to refer to a movement “such as …” or a movement “an example of which …”. The following example is given as an acceptable description:

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.

So, whether your signature move is the robot, the chicken dance or the mashed potato, it may well be possible for you to get trade mark protection for it.

Tags: movement trade mark, Toyota jump, unusual trade marks