What can be registered as an EU trade mark is a broader question than simply "a word or a logo." Current EUIPO rules allow protection of colour combinations, product shapes, sounds, movements, and even multimedia files — provided the sign has distinctive character and is represented in the Register in a way that clearly defines the subject matter of protection (Regulation (EU) 2017/1001, Article 4).
Ten Types of Signs Accepted by EUIPO
The official list of categories actively used in EUIPO practice is considerably broader than the common understanding of "a logo".
Word marks consist exclusively of words, letters, numerals, or standard typographical characters — names, slogans, acronyms — provided they distinguish goods and services rather than describe them.
Figurative marks cover non-standard typefaces, stylisation, graphic elements, or colour — and this category includes the most common branding solution in practice: a combination of a word with a graphic element (a logo). Portraits of individuals are permissible subject to compliance with applicable law and the absence of any deceptiveness or infringement of third-party rights.
Three-dimensional (3D) marks protect the shape of a product or its packaging — a bottle, a unique casing, a contour — where the shape is not dictated solely by the nature of the goods or a technical function and does not in itself add substantial value to the product.
Colour marks may be registered where a specific colour or combination of colours is associated by consumers with a particular commercial source. The evidentiary threshold here is high — acquired distinctiveness must be demonstrated.
Sound marks are filed in audio file format — a jingle or a sequence of notes, accompanied by a visual representation where necessary.
Motion marks consist of a short animated sequence, a series of frames, or a video reproducing the movement of a sign.
Multimedia marks combine image and sound in a single file.
Position marks protect a specific way of placing a sign on a product — an element fixed at a defined point on the item.
Pattern marks consist of a repeating motif that serves as an indicator of commercial origin.
Hologram marks change depending on the viewing angle — provided the representation clearly defines the scope of protection.
Olfactory and taste signs are in practice almost never registered — the requirement for a clear and precise representation in the Register constitutes an insurmountable technical obstacle for such signs at present.
Key Requirements for Any Type of Sign
Regardless of the category chosen, a sign must satisfy several basic criteria.
Distinctive character is the primary requirement: the sign must immediately indicate to the consumer the source of the goods or services. Descriptive or generic signs face the risk of refusal at the examination stage.
The manner of representation in the Register is no longer required to be "graphic" in the traditional sense — what matters is that the chosen format (image, audio, video) allows the subject matter of protection to be defined clearly and precisely.
Absence of deceptiveness and prohibited elements means the sign must not mislead the consumer as to the nature, quality, or geographical origin of the goods; official emblems are protected separately and may only be used under the conditions prescribed by law.
Respect for earlier rights — a conflict with already registered trade marks, trade names, copyright works, or industrial designs constitutes grounds for a third-party opposition or subsequent cancellation of the registration.
See also: for the common errors that lead to refusal at the application stage, see our article on the EU Trade Mark Registration: Top 5 Strategic Mistakesfor the official fees for different types of application, see our article on the EU Trade Mark Registration Costs.
Practical Guidance Before Filing
In our experience, the choice of sign type is most often determined not by aesthetics but by protection strategy: for one business the optimal choice is a combined mark (word plus logo); for another, the focus is on a 3D shape, a colour, or a sound as the primary recognisable element of the brand.
Before filing, it is worth checking the name for the risk of descriptiveness or genericness — particularly for words, geographical names, and slogans — and conducting a comprehensive clearance search through TMview, supplemented where necessary by national registers, the WIPO database, domain name checks, and social media.
Nice classes should be claimed without a "just in case" reserve: the specification must correspond to what the business genuinely plans to use. This not only reduces the filing fees but also lowers the risk of partial revocation for non-use after five years — a mechanism we covered in detail in our article on Trade mark revocation for non-use. Materials evidencing distinctive character or acquired distinctiveness — particularly important for colour and 3D marks — should be archived systematically rather than assembled after the fact during a dispute.
Questions Applicants Ask Most Often
Is one application sufficient for all 27 EU member states? Yes. An EU trade mark has a unitary character — a single registration is effective across all member states simultaneously.
Does EUIPO check for conflicts with earlier trade marks? EUIPO examines only absolute grounds on its own initiative — descriptiveness, deceptiveness, and similar issues. Conflicts with earlier rights are addressed exclusively through third-party oppositions.
Can a colour or shape be registered? Yes, provided it has distinctive character and no statutory prohibition applies — for example, a shape dictated solely by the technical function of the goods cannot be registered.
When can an EU trade mark be cancelled? After five years from the date of registration — for non-use — and also where the sign has become generic or deceptive.
