Trademark Dictionary

Position Trademark

A position trademark is a trade mark consisting of the specific way in which the trade mark is placed on or affixed to the product. The representation should clearly define the position of the mark and its size or proportion with respect to the relevant goods. The elements that do not form part of the subject matter of the registration must be visually disclaimed, preferably by broken or dotted lines. A description that accords with the representation of the mark may be added to indicate how the sign is affixed to the goods. This cannot, however, serve as a substitute for a visual disclaimer. Colours, to the extent that they form an integral part of the description, may be indicated therein.