Written by Tomas Orsula
Senior Trademark Attorney
A logo containing a generic shape could be trademarked, provided that the entire logo itself isn't generic. For example, if the background shape is a circle, but other graphical elements exist over it, the circle itself will not be the focus and, therefore, not a problem.
Because simple geometric shapes cannot convey content that consumers can remember permanently, shapes and figures may not be considered as fulfilling the function of a trademark.
It is recommended that shapes that are placed beside or on top of each other be avoided, as this will be considered generic.
What is Section 2(e)(3) Refusal - Geographically Deceptively Misdescriptive?
Should I start by registering the trademark in one country and then add more, or do all at once?
Could going through WIPO cause any issues for our global trademark registration?
Is a trademark valid from the date of filing or the date of registration?
What information about the holder of the trademark is public?
I have several variations of my logo. Which one should I register?
How can I overcome a Section 2(d) refusal of my trademark application?
How can I overcome a Section 2(b) refusal of my trademark application?
Do I pay just once for the registration, or are there any fees for keeping the trademark?
Does the cost of trademark registration depend on the number of classes?
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