To The Point: Pattern Marks ' Relatively New Kids On The Block

• Published date: 13 March 2024
• Law Firm: Schoenherr Attorneys at Law
• Author: Katharina Wegscheider and Michael Woller

Pattern trademark applications have only recently become feasible in Austria and at the EU level within the past few years and this particular form of trademark protects recurring elements of a pattern, irrespective of specific boundaries.

What is a pattern mark?

Pattern trademark applications have only been possible (in Austria and at EU level) for a few years now. This type of trademark protects regularly repeating elements of a pattern, regardless of specific borders.

Examples of pattern marks:

Source: https://euipo.europa.eu/

Difference to (word and) figurative marks

(Word and) figurative marks protect the overall impression of a graphic arrangement, either with or without word elements. This will often be a logo or lettering with graphic elements.

In the case of a pattern mark, on the other hand, the size of the pattern or the frequency (repetition) with which it is applied is irrelevant. This often concerns monograms or logos arranged in a...