What a trademark is like everyone can see… but, is it so obvious indeed? – theory and practice in EUIPO’s judicial decisions

In our series of articles on various kinds of trademarks titled “What a trademark is like everyone can see…but, is it so obvious indeed?”, motion trademarks were mentioned among others as a category of marks in hands of entrepreneurs or individuals, who would like to designate their goods or services in this particular manner.

Subsequently, since a motion trademark was regarded as the kind of mark eligible for registration, it seems obvious that if a party would like to designate its goods or services in such manner, one does not need to do anything else but create the mark and apply for its registration in EUIPO or the Polish Patent Office, and then sit back and wait for obtaining registration by the mark. Theoretically, it seems as if it was fairly simple…, but is it so in practice?

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