Can I trademark a methodology conveyed by way of a diagram that comprises geometric shapes with words?

There is nothing to say that you cannot trademark a diagram as images are capable of being trademarked. However, the usual rules as to distinctiveness and other requirements for being registrable apply.

Geometric shapes in themselves are unlikely to be distinctive unless they have acquired distinctiveness through brand recognition.  

Marks that have a limited distinctive character will have a better chance of being registered if combined with a distinctive element (e.g. a mark that includes both a word/words and a figurative element). The trademark right will then cover the trademark in totality and not the individual elements of the mark. 

In addition, you would need to do appropriate searches to ensure that nothing similar has been trademarked in the relevant classes with the same or similar specification.

The problem with geometric shapes is that they are difficult to classify and search, and due to the numbers of these types of marks on the IPO database, these types of marks are unable to be searched on the IPO website.

So in summary, depending on the nature of the diagram, it is potentially possible to register it, but likely not easy to do so.


© Suzanne Dibble 2013-2023

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