Back to Logo vs name trademark

What does "implicit protection" mean in trademark law?

Written by Jan Buza

Co-founder of Trama

Implicit protection refers to the coverage that extends to the dominant individual elements of a registered trademark, even though the registration formally covers the mark as a whole.

When a combined or figurative mark is registered, the IP office does not register each element separately. However, if a third party copies one of the dominant, distinctive elements of the mark in isolation (for example, extracting the icon from a combined logo and using it independently), the trademark owner has grounds to claim infringement based on the registered mark, even though only part of it was copied. The key qualifier is that the copied element must be distinctive enough on its own to identify a commercial source. Generic or descriptive elements do not receive implicit protection.

Related questions

Stories of our clients: Greca

From travellers, for travellers. A simple, yet powerful, motto underpins the convenient services provided by Greca, an online travel agency, founded by Greca Guido Colombo. “Even with a pandemic and a war, people are still trusting us with their dreams” and it is our pride at Trama to help protect this exciting travel agency.

Stories of our clients: Take on Goliath

“A lot of businesses focus on the product: what's good about the product, what makes the product so different, the unique selling proposition. You hear these phrases all the time. Take On Goliath looks at things a little differently. We go far enough back to see what's needed to support the consumer, the retailer, the wholesaler, and then the brand itself.” Read the full story of Dave Christie, the founder of Take on Goliath, another inspiring brand protected by Trama that helps SME businesses be seen and heard more.

youssef-abdelwahab-qyzo7TDSVQs-unsplash 1

12 good reasons for construction companies to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for construction companies. This article presents a concise summary of 12 key reasons why every creator of our homes and cities should think about registering for a trademark.