Codes and copyrights

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Codes and copyrights

By Binka Kirova and Ivan Penkin

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.

Binka Kirova and Ivan Penkin are the authors of “The code: the Da Vinci code, TM code, QR code …” in the Journal of Intellectual Property Law. Binka Kirova has worked in the Bulgarian Patent Office in the Department of Information and Trade Mark Search Services since 1998. She has published articles in the field of trademarks in the newspaper Money and in the Legal World magazine. Ivan Penkin has a master’s degree in Marketing and Business Economics from the University of National and World Economy (UNWE) Sofia, Bulgaria. Since 2009, he has been serving as an expert in the Patent Office of the Republic of Bulgaria in the Department of Formal and Substantial Examination of Trademarks and Geographical Indications.

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.

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