Beeldmerk

Figurative mark

A figurative mark is a visual mark, such as a logo or depiction, that serves to distinguish the origin of goods or services.

A figurative mark, also known as a device mark, consists of a graphic representation such as a drawing, symbol or logo, whether or not combined with words. It affords visual recognition and distinction in the market.

In trademark law, a figurative mark is relevant in that registration with the Benelux Office for Intellectual Property or the EUIPO confers exclusive rights. This prevents confusion among the public arising from unauthorized use of similar signs.

In practice, a figurative mark is frequently used for branding purposes and may possess strong distinctive character, particularly where the shape, colour or design is unique.

“The company has registered its figurative mark to protect the logo against infringement by competitors.”

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