Multimedia Trademark before the EUIPO
The Board of Appeal of the European Intellectual Property Office has ruled that complexity cannot be a criterion for exclusion for the distinctiveness of a trademark and is irrelevant for the distinctiveness of a trademark whether it discloses information about the identity of the manufacturer of the goods or service. The reason for this decision was a somewhat curious multi-media trademark in comic style, in which the main character "Super Simon" flies off on vacation. The corresponding clip can be viewed here. In the first instance, registration of the trademark was denied because a lack of indication of origin and the complexity of the trademark meant that the corresponding trademark was not recognizable as such. In the appeal, it was decided that it was not necessary for the multi-media trademark to directly contain information about the identity of the manufacturer of the goods or the service provider in order to be distinctive, especially since such requirements are not imposed on other, less complex trademarks either.