There is nothing random about trademarks. Behind each trademark lies a well-considered move. Symbols are used to create an analogical correspondence between two elements and a concise form of expressing the essence or meaning of a certain object or idea. Should we want to deliver an idea that is to be adopted only by a certain person or circle of people, then that idea may be expressed in a coded manner. Organizations use symbology in trademarks to communicate subtle information, whether through words, ambigrams, religious symbols, or codes.
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According to The Da Vinci Code by Dan Brown, we should look for encoded messages either in Leonardo’s paintings or in words such as ‘sang real’ or ‘saint grail’.
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The registered trademarks ‘SANGREAL’ and ‘SAINT GRAAL’ are both for alcoholic beverages.
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At a close scrutiny, the words ‘earth’, ‘air’, ‘fire’, and ‘water’ can be identified. This is called an ambigram. This image is registered as a trademark for the territory of Bulgaria.
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Two further examples of trademarks containing ambigrams with word elements: SUN and SINS.
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(Left) An image of the mason symbols ‘trammel’ and ‘angle’ is registered as a Community trademark. (Right) The image of a rose and a cross is registered as a trademark under the Madrid Agreement for various countries.
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The above trademark contains well-known religious symbols. At a close scrutiny, one can see the 99 names of Allah of the Koran.
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This black-on-white pattern is called a QR (‘Quick Response’) code. The combination of the words ‘QR Code’ was registered as word Community trademark.
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Our eyes or brain can scarcely distinguish among QR codes originating from different manufacturers.
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Since 2011, these QR codes have been submitted as trademark requests: (1) TALKING LABEL, for a Community trademark registration, (2) ZNAP, for goods and services in Classes 29, 30, 32, 33, 35, and 41 …
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…(3) FREND, for services in Classes 36, 38 and 42, and (4) Wiki Presi, for goods and services in Classes 35, 38 and 42.
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These QR code trademark applications were rejected for lack of distinctive character by the OHIM and the German Patent and Trade Mark Office respectively.
The Journal of Intellectual Property Law & Practice (JIPLP) is a peer-reviewed journal dedicated to intellectual property law and practice. Published monthly, coverage includes the full range of substantive IP topics, practice-related matters such as litigation, enforcement, drafting and transactions, plus relevant aspects of related subjects such as competition and world trade law.S.
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