A pictogram as a trademark: what we can learn from Samsung

Samsung tried to register the below pictogram of a camera as a figurative mark for a wide range of products, including phones, computers, software, and apps.

The trademark consists of a lightly stylized camera within a rounded gray rectangle. Sounds pretty standard, right? The European Union Intellectual Property Office (EUIPO) thought so as well.

For software, the icon immediately evokes associations with camera-related apps: think photography, video recording or adjusting camera settings. Many pictograms with similar features are already in use for camera-related software and functions. Will this fairly simple icon really indicate the origin of the product, which is the main purpose of a trademark? The EUIPO decided: for hardware like phones and tablets, the relevant public simply sees it as an indication that the device has a camera function. The sign lacks distinctiveness: the pictogram mainly describes what the product does, not who produces it.

The small embellishments in the icon make no difference. Without additional distinctive features, such as words or a unique design, the public sees it as a standard pictogram. Nothing in the trademark enables the public to recognize it as a sign of commercial origin.

Samsung’s attempt shows how difficult it is to monopolize commonly used app icons. This decision highlights that generic or functional icons are rarely distinctive. Want to register a pictogram as a trademark? Make sure it has a unique design that significantly differs from common usage, and/or combine it with word elements or other visual features that make the whole mark distinctive.

Author: Erwin Haüer

Bio: Erwin is a trademark attorney and, as the managing partner, in charge of IT and Information Management. He works extensively with startups and scale-ups, while his clientele also includes numerous multinational corporations. Erwin possesses a sharp wit and a keen eye for remarkable trademark news and curious brand infringements.