Motion marks are evaluated under the same criteria as conventional trademarks, meaning that simple movements of ordinary objects typically lack distinctiveness. A recent ruling by the Board of Appeal of the European Union Intellectual Property Office highlighted this, particularly in the case of KCT GmbH & Co. KG, which sought to register a motion mark depicting the opening and closing of vehicle windows. The Board rejected the application, asserting that the mark was functional and devoid of distinctiveness, as it merely illustrated a technical process without unique characteristics. The ruling underscores the rigorous standards for registering motion marks, especially those demonstrating technical effects.
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