Design Branding

The design of a product can be so distinctive that it serves as an indication of provenance. Consumers can then recognise from the typical design of the product or its packaging that this product comes from a specific manufacturer. For design brands, trademark protection is available as a three-dimensional trademark, a colour trademark, a position trademark or a pattern trademark. In order to obtain trademark protection for such a design, the requirements for the uniqueness of the design and often also for the reputation of the mark are very high. In addition or as an alternative, it may therefore be advisable to register the overall design of the product or its packaging as a registered design for obtaining industrial design protection, which protects the design itself as a creative work. A function of indicating its provenance, as is the case with a trademark, is not required for industrial design protection.

3D Design Branding

An example of three-dimensional design branding is the uniquely shaped bottle of a well-known sparkling cola soft drink. However, many creatively shaped perfume bottles are also so distinctive that they can in principle serve as an indication of provenance. In such cases, trademark protection as a shape mark extends not to the product itself, but to its packaging.

Colour Branding

In some rare cases, even the colour or colour combination of a product, its packaging or its sales locations can indicate the provenance of the product to consumers. However, the colour's function as an indication of provenance is often only apparent once it has achieved a very high level of recognition. For example, in the case of mineral oils and automotive fuels, the colour combination of petrol station equipment can serve as an indication of provenance if market penetration is high and awareness is correspondingly high. The combination of a body colour and a wheel rim colour can also be protected as a registered trademark for agricultural vehicles. In rare cases, if proven to be above-average in terms of nationwide recognition, even a colour without contours can be protected under trademark law as a colour mark, as can be seen with the colour magenta in the telecommunications sector.

Position Branding

A well-known Parisian shoe designer has always fitted his highly exclusive women's shoes with a red outsole. He has therefore always placed his red colour marking in a very specific position on the product. This type of product marking can be protected as a position mark under trademark law. Likewise, attaching a brand emblem to the ear of a stuffed toy animal can be protected as a position mark.

Pattern Branding

In Scotland, every family clan has its own tartan, the family's distinctive woven pattern. Such a woven pattern can be protected as a pattern trademark under trademark law. Another example of a now iconic woven pattern that is an indication of provenance is the ‘Pascha’ seat cover fabric used by a well-known sports car manufacturer in Zuffenhausen.

Design branding, like logo branding, is particularly well suited for international use, as consumers recognise the product by its design and thus independently of the product name used in the respective market, i.e. the word mark.