That’s a real scare!

When choosing a trademark for your products and/or services, you typically go for one that is distinctive and appealing.

Or perhaps one with a double meaning that makes you laugh. In any case, you aim to select an attractive trademark, because you want to sell your product or service. However, you could also opt for an ugly one. It doesn’t happen often, but it would certainly be distinctive. Or wouldn’t it be?

A portrait of a frightening zombie is a prime example of an unattractive trademark—one so off-putting that you would expect no one to want it as their logo. However, that doesn’t necessarily mean the trademark is distinctive. This was evident in a European trademark application, where the European trademark office ultimately refused the registration of the following portrait:

When seeing such a trademark on a keychain, bag, or even a pillowcase (though we’re not sure why anyone would want a zombie like this on your pillowcase), the consumer doesn’t think of it as a trademark, but rather as a decoration. Images of zombies are frequently used in the market.

With every application, a trademark office must consider the necessity to keep a trademark free for use in the market when assessing the acceptance of a trademark. In this case, granting the trademark would be unreasonable to those who use this logo on products. Therefore, the registration of this unattractive trademark was refused.

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.